In the context of the full-scale invasion, a special law was introduced to protect the rights of intellectual property owners during martial law. One provision of which allowed for the automatic extension of patent terms. While this temporary measure aimed to support patentees under wartime conditions, it inadvertently created barriers to the market entry of affordable generic drugs and reinforced monopolies in the pharmaceutical sector.
The Verkhovna Rada of Ukraine continues to adapt legislation to the realities of war. On April 16, 2025, Law No. 9383 was adopted, abolishing the automatic extension of patents for inventions and utility models. This change is designed to strike a balance between protecting intellectual property rights and ensuring public access to critical medical supplies.
Under the new law, patent extensions for inventions and utility models will no longer be automatic, as this provision has been removed.
Intellectual property rights that expire on the day martial law is introduced in Ukraine, or during the period of martial law, may remain valid in accordance with the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models.” These rights will remain in force until the day following the termination or cancellation of martial law, but no longer than the original term of validity specified by the law. Starting from the day after martial law ends, the validity of intellectual property rights may be extended in accordance with the established procedure, taking into account the provisions set out in this law.
This legislative shift paves the way for faster access to cheaper alternative medicines, reduces the risks of patent law abuse, and aligns Ukraine’s approach to ensure proper protection of rights and business interests.
The law will come into force 30 days after its official publication, following the President of Ukraine’s signature.
