On 4 September 2018, the parliament of Ukraine rejected Draft Law of Ukraine No. 7538 "On Amending Certain Laws of Ukraine on Enhancing Legal Protection for Inventions and Utility Models" ("Draft Law").
Changes stipulated in the Draft Law include the following:
- Exclusion of novel forms of pharmaceuticals (salts, ethers, etc.), new dosage forms, new characteristics or new use of a known pharmaceutical from patent protection.
- Introduction of a supplementary certificate of patent protection for the extension of the validity term of the intellectual property rights to an invention. The rights to supplementary protection will be limited to the product and its use.
- Permitting the use of the invention (utility model) in studies conducted for the purpose of preparation and submission of information for the registration of a pharmaceutical.
On 17 September 2018, a group of members of parliament registered a new draft law, No. 9088, which includes same limitations on the patent protection of pharmaceuticals.
The adoption of the Draft Law would considerably weaken the patent protection of pharmaceuticals in Ukraine. We will keep you updated on the developments of the status of this draft law.