LA Law Firm presents draft laws on patent law reform in Ukraine
Head of Intellectual Property Practice Vitalii Savchuk and Associate in Intellectual Property Practice Oleksandr Tsurkan presented an alternative draft law "On Amendments to the Law of Ukraine 'On Protection of Interests of Persons in the Sphere of Intellectual Property During the Martial Law in Connection with the Military Aggression of the Russian Federation against Ukraine" at the American Chamber of Commerce.
The meeting was attended by representatives of the Ministry of Economy of Ukraine, the Intellectual Property Research Institute, the Ukrainian National Office of Intellectual Property and Innovation, and heads of intellectual property practices from law firms.
During the discussion, the participants focused on the need to restore deadlines for all intellectual property rights, which have been suspended since April 2022, and to address the issue of patents (including those for pharmaceutical products) that remain valid beyond the maximum allowable term.
Vitalii Savchuk noted the importance of resetting all deadlines and restoring the functioning of intellectual property authorities. Vitalii also highlighted that resetting deadlines and terminating patents that are in force beyond the maximum allowable term would align with both Ukrainian and international standards, fostering healthy market competition. These changes would expedite the entry of generics into pharmacy chains and improve the availability of medicinal products.
During the event, the participants also discussed the necessity of incorporating the Bolar exemption into Ukrainian patent law. This rule allows generic medicine manufacturers to authorize (register) medicinal products (but not to place them on the market) before the patent expires, in order to ensure that the products are introduced on the market immediately upon patent expiration.
The LA Law Firm team shared their bill to implement the Bolar exemption with event attendees and the American Chamber of Commerce.
"Colleagues and clients know me as an adherent of intellectual property, I believe that the labor of inventors and authors should always be generously paid. However, Ukraine is now nearly the only country where patents are valid for an unlimited number of years. Generic medicines, which are available in European pharmacies, are still not entitled to marketing authorization in our country. We will address this imbalance. As a result, the consumer in the pharmacy will have more choices, some medicines will become more affordable, and respect for patents will increase," Vitalii Savchuk comments.
The meetings aimed at reforming the intellectual property are ongoing, and the LA Law Firm team agreed with the participants to discuss already worked out documents and to present the full mechanism for implementing the Bolar exemption in Ukraine.
LA Law Firm continues to work on the reform to ensure fair market conditions in Ukraine, while balancing the rights of patent holders and the needs of patients.
Should you have any inquiries or suggestions, please contact Vitalii Savchuk, Partner and Head of Intellectual Property Practice at LA Law Firm, via email: savchuk@l-a.com.ua.
