Ukraine Strengthens Intellectual Property Protection in the Defense Sector

On 10 April 2026, the Cabinet of Ministers of Ukraine adopted Resolution No. 342-r, approving a policy on intellectual property management in the defense industry.

The policy sets out general rules for how intellectual property rights are to be acquired, protected and used by government procurers and defense sector companies.

Its purpose is to ensure that the state properly manages rights to technologies and developments created for defense needs — from patenting to further use and commercialization. The policy also aims to reduce dependence on imports, support scientific and technical development, and help meet the needs of the Armed Forces with modern equipment.

Key implications for government procurers and businesses

The policy introduces a number of obligations for both state customers and companies involved in defense projects.

Protection of rights: Companies are expected to ensure timely registration of intellectual property rights, including, where relevant, international protection, and to maintain such rights in force.

Contractual regulation: State defense contracts must include provisions addressing compliance with intellectual property legislation. These requirements also apply to private companies (including those with less than 50% state ownership) where they are parties to such contracts.

Remuneration for authors: Government customers must ensure that authors and inventors receive appropriate remuneration in accordance with applicable law.

Protection in the event of infringements: In case of any infringement of intellectual property rights, companies are required to take reasonable and necessary measures to protect such rights, including through legal action or contractual remedies.

Accounting and valuation: The policy also introduces requirements for proper inventory, accounting and valuation of intellectual property rights as intangible assets.

Unified information system

A key tool for implementing the policy is the creation of a unified information system covering research and development activities, results of intellectual work, and military and dual-use technologies. The system will be state-owned, with the Ministry of Defense acting on behalf of the state.

The system is to be launched within nine months from the effective date of the resolution. Data entry must be completed within 12 months following the termination or cancellation of martial law.

Performance indicators

The implementation of the policy will be assessed based on several indicators, including the number of applications filed and patents granted, the use of patented technologies in production, revenues from commercialization, and the level of technology transfer within military-technical cooperation.

Relevant ministries and other central executive authorities have been instructed to adopt the necessary secondary legislation to implement the policy.