Administrative and legal mechanisms for implementing EU intellectual property standards under martial law

Abstract

The article examines administrative and legal mechanisms for implementing European Union intellectual property (IP) standards in Ukraine under martial law. The structure of the EU IP acquis is analysed, including obligations under the EU-Ukraine Association Agreement, key directives (notably the Enforcement Directive 2004/48/EC and the Digital Single Market Copyright Directive 2019/790/EU) and regulations, as well as international treaties (TRIPS, WIPO conventions). The normative, institutional, and procedural components of the administrative and legal mechanism for IP protection, understood as a system of legally organised influence on social relations, are explored in detail. The institutional architecture is characterised, specifically the functions of the National Intellectual Property Office (NIPO) established by Law No. 703-IX, the Antimonopoly Committee of Ukraine (AMCU), the State Customs Service, and inter-agency coordination structures. Special attention is given to distortions in administrative and legal mechanisms caused by martial law: the suspension of procedural deadlines for all IP procedures under the special law of April 2022, simplified document submission procedures using qualified electronic signatures, restrictions on entities from the Russian Federation and Belarus, and the statutory provision for compulsory licensing in the interests of national security and public health in accordance with Article 31 of the TRIPS Agreement. Based on a comparative analysis of the experiences of Croatia, Romania, Moldova, and Georgia, an optimal phased model for implementing the IP acquis is proposed, accounting for the dual pressure of wartime conditions and European integration obligations. Recommendations are substantiated regarding the prioritisation of key EU regulatory acts (enforcement, border measures, pharmaceutical patents) and the use of technical assistance instruments (EU4IP, IP Key, Twinning).