By Julia Semeniy (ECTA International Trade Committee Member, Asters Law Firm, Ukraine)

While Ukraine is still under martial law, there were continued discussions that the previously implemented suspension of IP deadlines is no longer necessary. Although the suspension provided many applicants and right holders the opportunity to retain their intellectual property despite wartime restrictions, it also had negative impact by causing delays in registration procedures and disputes as to extended IP rights.

Therefore, the Law of Ukraine No. 4362-IX of 16 April 2025 (the Law) was adopted cancelling the Law No. 2174-IX of 1 April 2022 (so-called "deadlines law") and the respective suspension of deadlines related to:

• IP registration procedures (submission of documents, responding office actions, fee payments etc.)
• IP renewals
• Oppositions against trade mark applications,
• Appeals against the Ukrainian IP Office's decisions and cancellation applications (post-grant oppositions) that are filed to the Appeal Chamber of the Ukrainian IP Office.

Starting from 31 May 2025, the effective date of the Law, all previously suspended deadlines shall resume as follows:

• For any deadline that arose on or after 24 February 2022, the relevant action must be completed within the regular timeframe or the 75-day grace period, whichever is longer. E.g. the applicant will have 75 days instead of regular 2 months to pay the application filing fee, but regular 3 months to pay the official granting fee.

• For any deadline that arose before 24 February 2022 - the relevant action must be completed within the portion of the regular timeframe remaining as of 24 February 2022 or the 75-day grace period, whichever is longer.

• Any renewal fee that would have been due on or after 24 February 2022 must be paid within the 75-day grace period.

In the event the relevant resumed deadline is not met, the consequences would be as provided for by the regular provisions of the applicable Ukrainian laws, potentially including lapsed application or registration, or a need to pay extra fee to obtain additional deadline extension if available. Hence, it is important to complete all necessary actions within the applicable resumed deadlines. Any new deadlines arising on or after 31 May 2025 shall be governed by the regular provisions of the applicable Ukrainian laws in the intellectual property sphere.

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