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Tom 13 (2022)

Право інтелектуальної власності в Україні в умовах війни: вплив цифрового середовища, продовження строків чинності прав, націоналізація та заборона використання позначень

20 grudnia 2022


The article discusses current issues of intellectual property rights in Ukraine during the war: the influence of the digital environment on the acquisition and exercise of intellectual property rights during the war, the possibility of suspending and extending the validity of intellectual property rights, the procedure for nationalization of intellectual property rights and banning the use of certain symbols associated with the armed aggression of the Russian Federation. It has been shown that with the beginning of the war against Ukraine (from February 2022) the rights holders could not exercise certain intellectual property rights, and the Patent Office of Ukraine suspended its functions and handed them over to Ukrpatent, which caused some difficulties for the applicants. In April 2022 the Parliament of Ukraine passed a law to protect the interests of intellectual property during martial law imposed in connection with the armed aggression of the Russian Federation against Ukraine, which aimed at protecting the rights of intellectual property of persons who cannot exercise such rights. Since the imposition of martial law in Ukraine, the deadlines for actions related to the protection of intellectual property rights, as well as deadlines for procedures for acquiring these rights have been defined by the laws of Ukraine on inventions (utility models), industrial designs, trade brands, semiconductor products, geographical indications, plant varieties, as well as copyright objects. The futility of applying the norm on inventions (utility models) has been proved, according to which intellectual property rights which expire on the day of the beginning of martial law in Ukraine or during martial law, remain valid until the day following the day of termination of martial law. It has been established that during martial law the National Patent Office of Ukraine switched to the electronic form of record-keeping with applicants and rights holders. It has been demonstrated that electronic record-keeping in the relationship between applicants (or rights holders) and the intellectual property body is a requirement in modern digitalized societies, as there has long been a need for electronic record-keeping by the National Patent Office. It is argued that symbols associated with the Russian invasion should be banned altogether, and so already-registered trademarks containing the relevant elements should be withdrawn from civil circulation (that is, be banned), as the interests of society and the state must be above the economic interests of a particular trademark owner. It has been stated that it is justifiable to develop a law that would provide compensation mechanisms for bona fide trademark owners who will be deprived of the opportunity to use the trademark in connection with the adoption of a law banning the use of signs associated with the Russian invasion. The objects of intellectual property rights belonging to the Russian Federation and its residents on the territory of Ukraine can be nationalized in accordance with the law. The decision to confiscate any property rights in Ukraine, including intellectual property rights, of the Russian Federation and its residents is made by the National Security and Defense Council of Ukraine and is enacted by the decree of the President of Ukraine. The possibility of using the invention or utility model in martial law on the basis of a compulsory license issued by the government to meet the needs of defense, medicine and other social needs is substantiated.