Ganna Prokhorova and Oleksandr Mamunya of Mamunya IP have published a newsletter explaining how the war in Ukraine has affected activities at the Ukrainian Patent and Trademark Office (UAPTO), Customs service and the courts.
August 2022
Impact on deadlines and IP Office activities
There are no new updates to report.
Impact on IP protection, disputes and enforcement
More courts are reopening for business and users can now access the court register. The Kyiv Customs and the National Police of Ukraine have tackled counterfeits, including fake electronics and chemicals.
WIPO is not accepting new .ua domain name disputes.
Other news
Businesses with websites and software targeting Ukraine are now required to use the Ukrainian language. Furthermore, a new law to promote Ukrainian music and restrict the use of Russian music in the public will come into force on October 7, 2022.
Two bills to ensure Ukrainian IP laws are aligned with the EU regime are going through parliament.
Read the firm's July/August newsletter here.
May 2022
Impact on deadlines and IP Office activities
In their May newsletter, Ganna Prokhorova and Oleksandr Mamunya advised IP Office users to adhere to the deadlines because filing and prosecution can be done online. They, however, noted that "reasons for missing a deadline should be well substantiated before the UAPTO".
Impact on IP protection, disputes and enforcement
The government prohibited the use of certain symbols and letters such as "Z" on products, but this does not affect trade mark application or registration before February 24, 2022.
Some of the commercial court judges have scheduled IP case hearings for May and June 2022, but access to the court's online system has been temporarily suspended for safety reasons.
Criminal IP enforcement is still not a top priority for the relevant authorities.
Read the firm's May newsletter here.
April 2022
Impact on deadlines and IP Office activities
Deadlines for office proceedings, renewals and reinstatement are currently suspended because of a martial law which became effective on April 13, according to Prokhorova and Mamunya. They added: "[I]f paying a retention/annuity fees is due during the martial law, it will be allowed to pay those within 90 days after the end of the martial law."
Impact on IP disputes and enforcement
Civil and commercial cases and access to the court's online systems remain suspended. Parties to .ua domain name disputes are advised to contact the WIPO Artbitration and Mediation Centre if they are unable to meet deadlines.
The Customs service is operating "without any limitations" but confiscated goods will be used to support the military and civilians. Government ministers can now decide which goods to prioritise for customs checks and "the terms of registration of IPRs in the Customs IP Registry are extended automatically".
Read the firm’s April newsletter here.
March 2022
They say the Ukrainian Chamber of Commerce and Industry (UCCI) published a letter which concluded that the declaration of martial law is a force majeure event which affects deadlines.
Impact on deadlines and IP Office activities
Prokhorova and Mamunya, however, warn that the UCCI’s letter “does not mean automatic suspension of deadlines in all kinds of proceedings pending in courts and state bodies”.
The UAPTO is still open for business, but its appeals chamber deals with proceedings in writing. Although IP rights can be restored, they advise IP owners and their representatives to adhere to the UAPTO’s deadlines because it is not yet clear how it would interpret UCCI’s letter. “[U]nless UAPTO officially [suspends] its operations, we recommend adhering [to] the deadlines."
Impact on IP disputes and enforcement
According to Prokhorova and Mamunya, “civil and commercial cases have been temporarily suspended” and "only [a] few Ukrainian courts work". They said the UCCI’s letter and martial law could be used as a “ground for renewing missed procedural deadlines”.
Domain names disputes for the .ua domain are not affected. The Customs service is still functioning, but Prokhorova and Mamunya do not believe IP enforcement actions would be prioritised.
Read the firm’s March newsletter here.