On May 12, 2022, the eighth session of the Advisory Office for exporters completes its work.
The question from the representative of BATE JSC concerned the possibility of extending the validity period of the national trademark of a Belarusian exporter in Ukraine for the next 10 years.
Answer: On April 13, 2022, Law No. 2174-IX "On the Protection of the Interests of Persons in the Field of Intellectual Property during martial law" came into force.
The document was officially published in the newspaper "Golos Ukrainy" (Voice of Ukraine) on April 12, 2022.
The purpose of the document is to strengthen the protection of the interests of persons in the field of intellectual property during the period of martial law.
The Law provides for:
- suspension of terms related to the protection of intellectual property rights during the period of martial law;
- suspension of terms regarding the procedures for the acquisition of these rights, defined by special laws of Ukraine in the field of intellectual property and by-laws;
Reference from the Law:
1. Establish that:
from the date of the introduction of martial law in Ukraine, ... the terms for performing actions related to the protection of intellectual property rights, as well as the terms of procedures for obtaining these rights, defined by the laws of Ukraine ... "On the Protection of Rights to Marks for Goods and Services"..., including all the terms provided for by these laws and regulations…From the day following the day of the termination or cancellation of martial law, these terms continue, taking into account the time that has passed before they were stopped.
- the possibility for authorized persons to submit the necessary documents (applications, petitions, objections, responses, etc.) within ninety days from the date of the cancellation of martial law, without paying a fee for the renewal, extension or continuation of the relevant deadlines.
Reference from the Law:
If the beginning of the term of the trademark certificate extension, the term of extension or maintenance of the intellectual property rights to the intellectual property object falls on the day of the introduction of martial law in Ukraine or on another date during the martial law, the corresponding action regarding the trademark certificate extension, the continuation or maintenance of the intellectual property rights to an object of intellectual property are considered to be committed by a person in a timely manner if it is committed no later than 90 days from the day following the day of termination or cancellation of martial law.
The original document is located at:
