IMPROVEMENT OF UKRAINIAN LEGISLATION IN THE FIELD OF INTELLECTUAL PROPERTY UNDER MARTIAL LAW THROUGH THE LENS OF ACCESS TO MEDICINES

Abstract

The article examines the current state and development trends of Ukrainian legislation in the field of intellectual property through the prism of access to medicines under martial law. It demonstrates that the pharmaceutical sector shows stable growth dynamics despite severe socio-economic conditions and war-related challenges. At the same time, this positive economic trend necessitates a revision and improvement of legal mechanisms governing the protection and use of intellectual property in the pharmaceutical domain. The dual nature of legal regulation is emphasized: on the one hand, it must stimulate innovation and protect pharmaceutical innovators; on the other hand, it should ensure the realization of the public interest in guaranteeing access to essential medicines.Special attention is paid to recent legal innovations, including the Bolar exemption, mechanisms of parallel import, and changes in the terms of patent protection. The paper analyzes the Law of Ukraine No. 4454-IX (2025), which implements the Bolar provision and creates legal conditions for an accelerated market entry of generic drugs immediately after patent expiration. It also explores the Law of Ukraine No. 3860-IX (2024), which introduced the mechanism of parallel import of medicines into national legislation as a tool for enhancing competition and preventing abuses of patent rights. Additionally, the Decision of the National Security and Defense Council of Ukraine of February 12, 2025, is considered, which defines strategic directions of legislative policy in the field of medicine accessibility, including patent extension issues and the specifics of state registration of drugs.The article concludes that Ukraine’s legislative initiatives are gradually shaping a balanced model of reconciling pharmaceutical innovation protection with citizens’ right to health care. The implementation of European standards, particularly regarding patent regulation, parallel imports, and the Bolar exemption, constitutes a prerequisite for Ukraine’s integration into the European legal framework and for ensuring sustainable development of the pharmaceutical market.Future reforms should focus on eliminating legal inconsistencies and creating transparent enforcement mechanisms, thereby fostering innovation and simultaneously improving the accessibility of essential medicines for the population even under extraordinary conditions of martial law.