Ukraine - National measures on Industrial Property

In light of the conflict situation currently lived in Ukraine, several International Organisations, European and National Offices and Associations have adopted concrete measures as regards Industrial Property, in a concerted action of solidarity with Ukraine.

INPI expresses its complete support and solidarity towards the people of Ukraine and repudiates all the war actions that have been carried out against the Country. INPI has already expressed its institutional solidarity with the President of the Ukrainian Intellectual Property Institute.

Bearing in mind the fundamental role that Industrial Property plays on the growth and stability of an economy, it becomes important to highlight the recent decisions taken in this regard by the European Union - also adopted by the Intellectual Property Institute of the European Union (https://euipo.europa.eu/ohimportal/en/news/-/action/view/9237969) - and by the European Patent Office (https://www.epo.org/news-events/news/2022/20220301a.html) .

INPI, in complete solidarity towards the people of Ukraine has adopted the following measures:

1. Suspend all cooperation actions with Rospatent, the Russian Federal Service for Intellectual Property and with the Eurasian Patent Organisation;

2. Provide full support to Ukrainian IP users in safeguarding their industrial property rights for as long as this situation does not enable them to manage their rights in a normal way;

3. As concerns applicants or holders of rights with Ukrainian nationality, and of other nationalities residing in Ukraine, consider that the current conflict, as public and notorious as it is provides grounds for invoking article 8 of the Industrial Property Code (CPI), without the need for additional evidence.

In this context, INPI advises any applicant or holder who has been prevented from complying with a legal deadline due to the present circumstances, to request the restoration of his/her rights.

As the re-establishment of rights applies only to applicants or holders of rights, and not to eventual claimants, the opponents with Ukrainian nationality and of other nationalities residing in Ukraine, who wish to defend their IPR, may apply for the invalidity of the rights that have been granted in the meantime.