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LAW OF UKRAINE

of April 1, 2022 No. 2174-IX

About protection of interests of persons in the field of intellectual property during action of martial law imposed in connection with the armed aggression of the Russian Federation against Ukraine

Due to the armed aggression of the Russian Federation against Ukraine and introduction in Ukraine of warlike situation the Verkhovna Rada of Ukraine decides:

1. Determine that:

1) from the date of introduction in Ukraine of martial law imposed in connection with the armed aggression of the Russian Federation against Ukraine the current of terms for making of the actions connected with protection of intellectual property rights, and also terms of procedures of receipt of these rights determined by the laws of Ukraine "About protection of the rights to industrial designs" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, of Art. 34 with subsequent changes), "About protection of the rights to signs for goods and services" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, of Art. 36 with subsequent changes), "About protection of the rights to configuration of semiconductor products" (Sheets of the Verkhovna Rada of Ukraine, 1998, No. 8, of Art. 28 with subsequent changes), "About protection of the rights to inventions and useful models" stops (Sheets of the Verkhovna Rada of Ukraine, 2000, No. 37, of Art. 307 with subsequent changes), "About legal protection of geographical instructions" (Sheets of the Verkhovna Rada of Ukraine, 1999, No. 32, Art. 267 with subsequent changes), "About copyright and the related rights" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 43, Art. 214 with subsequent changes), "About protection of the rights to plant varieties" (Sheets of the Verkhovna Rada of Ukraine, 2002, No. 23, Art. 163 with subsequent changes), including everything the terms provided by these laws and regulations, in particular, but not only, submission due dates of objection against the request or action of the international registration in Ukraine, terms of appeal of the decision in National authority of intellectual property of Ukraine according to the request judicially or in Appeal chamber, submission due dates of the statement for recognition of the rights to the invention invalid, terms during which renewal of the passed terms, and so forth, except for of terms is possible, the actions of the intellectual property of Ukraine by National authority or central executive body providing forming of state policy in the field of protection of the rights to the plant varieties, data necessary for acquisition of rights grade, and except for the separate cases established by this Law established for making. From the date of, the termination following behind day or cancellation of warlike situation, the current of these terms proceeds taking into account time which passed to their stop.

If the beginning of current of renewal term of action of the certificate on trademark, renewal term or maintenance of action of property rights of intellectual property on intellectual property item falls on day of introduction in Ukraine of warlike situation or for other date during action of warlike situation, the corresponding action concerning prolongation of effective period of the certificate on trademark, continuation or maintenance of action of property rights of intellectual property on intellectual property item it is considered commited by person timely if it is made no later than 90 days from the date of, the termination following behind day or cancellation of warlike situation.

Property rights of intellectual property which effective period expires on the date of introduction in Ukraine of warlike situation or during action of warlike situation remain acting about one the day following behind day of the termination or cancellation of warlike situation. From the date of, the termination following behind day or cancellations of warlike situation, action of property rights of intellectual property can be prolonged in accordance with the established procedure taking into account the features established by this Law.

The rules of suspension of current of terms provided by this Law do not involve suspension of action of certificates, patents which emergence of intellectual property rights according to the legislation, and also the appropriate rights of intellectual property makes sure. During action of warlike situation the intellectual property rights established by the legislation continue to be effective and are implemented by persons of law of intellectual property in full;

2) physical persons and/or legal entities have the right to file documents (statements, petitions, objections, answers, etc.) which submission is provided by the laws of Ukraine "About protection of the rights to industrial designs" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, Art. 34 with subsequent changes), "About protection of the rights to signs for goods and services" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, Art. 36 with subsequent changes), "About protection of the rights to configuration of semiconductor products" (Sheets of the Verkhovna Rada of Ukraine, 1998, No. 8, of Art. 28 with subsequent changes), "About protection of the rights to inventions and useful models" (Sheets of the Verkhovna Rada of Ukraine, 2000, No. 37, of Art. 307 with subsequent changes), "About legal protection of geographical instructions" (Sheets of the Verkhovna Rada of Ukraine, 1999, No. 32, of Art. 267 with subsequent changes), "About copyright and the related rights" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 43, Art. 214 with subsequent changes), "About protection of the rights to plant varieties" (Sheets of the Verkhovna Rada of Ukraine, 2002, No. 23, Art. 163 with subsequent changes) and regulations of the central executive body which provides forming and realizes state policy in the field of intellectual property, no later than 90 days from the date of, the termination following behind day or cancellation of warlike situation, without payment of charges for renewal, prolongation or prolongation of the terms provided by these laws and the Payment procedure of charges for the actions connected with protection of the rights to intellectual property items, the approved resolution of the Cabinet of Ministers of Ukraine of December 23, 2004 No. 1716 (with subsequent changes).

2. This Law becomes effective from the date of, its publication following behind day.

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