Managing partner of Mamunya IP Oleksandr Mamunya moderated a roundtable discussion on the issues of applying the Law of Ukraine On Protection of Interests of Persons in the Sphere of Intellectual Property during the Martial Law Imposed in Connection with the Armed Aggression of the Russian Federation against Ukraine (the “Law”), namely regarding the validity term of patents that finally expired after imposing the Martial Law in Ukraine.
The discussion focused on the peculiarities of the Law and its consequences, particularly the series of lawsuits filed by foreign companies for patent infringement, including against the state, represented by the Ministry of Healthcare of Ukraine. Participants of the event discussed in detail whether applying the Law might for the period of the Martial Law extend the patents that had finally expired and may not be either extended or maintained under the effective Ukrainian legislation and international treaties. Put simply, the possibility of grant of supplementary protection/extension to patents exceeding the maximum possible term of 25 years (including an SPC, if applicable) was discussed.
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Application of the Law extending the patent validity term beyond 25 years contradicts to the effective Ukrainian legislation and can disbalance the market, and create numerous perpetual monopolies
”Paramount majority of the participants, including the President of the UAPTO Olena Orliuk, unanimously agreed that the application of the Law extending the patent validity term beyond 25 years contradicts to the effective Ukrainian legislation and can disbalance the market, and create numerous perpetual monopolies. Therefore, the above matter requires careful attention of judiciary and the parliament.
The round table was organized by the Intellectual Property Committee of the Ukrainian Bar Association, with the practicing attorneys, human rights activists, scholars, and government officials engaged.