The field of intellectual property (hereinafter referred to as IP) is constantly changing under the influence of social needs, technological progress, and political decisions. In a world where innovation is becoming a key resource for national development, it is very important to create transparent and fair mechanisms for distributing rights to IP results. The issue of rights to inventions made in the military sphere requires special attention. That is why the adoption of new legislative norms in this area is an important step for Ukraine, which is currently not only developing its own scientific and technical potential, but also fighting for its independence.
Adoption of the draft law
he Verkhovna Rada of Ukraine (hereinafter referred to as the VRU) adopted the law “On Amendments to Certain Legislative Acts of Ukraine Regarding Intellectual Property Rights to Objects Created in Connection with Military Service.” This took place on August 21, 2025.
The corresponding bill No. 13111 was supported by 241 people’s deputies in the second reading at a meeting on Thursday, August 21, 2025, according to Yaroslav Zheleznyak, first deputy head of the Verkhovna Rada Committee on Tax and Customs Policy.
The authors of the bill believe that the legal nature of military service does not allow the provisions of the Civil Code of Ukraine regarding IP rights to be extended to objects created by military personnel, even if their creation is 
provided for by job descriptions or relevant official tasks. The Civil Code of Ukraine provides that IP property rights to an object created in connection with the performance of an employment contract (agreement) are jointly owned by both the employee who created the object and the legal entity or individual for whom or with whom he or she works (unless otherwise specified in the agreement between these parties).
Therefore, the draft law proposes to establish rules for the distribution of personal non-property and property rights to IP for objects created in connection with the performance of official duties during military service:
– personal non-property rights to such objects belong to the creator (i.e., the military serviceman who is specified as the author who created the relevant object);
– property rights are acquired by the state of Ukraine, represented by the Ministry of Defense or another body in which the author-military serviceman is performing military service (State Border Service, State Special Communications Service, Main Intelligence Directorate, etc.). Such property rights will be included in the concept of “military property.”
At the same time, the Main Legal Department of the Verkhovna Rada notes that certain provisions of the law do not comply with the Constitution of Ukraine and are inconsistent with other legal norms. In particular, the adopted law provides for the possibility of imposing on military personnel the obligation to carry out intellectual creative activities, in particular scientific, scientific and technical, innovative, inventive, or rationalization activities.
“The approach provided for by the law is aimed at leveling the principle of equality, as it imposes on the participant in the relationship the obligation to create an IP object that depends on the will of the other party. At the same time, the other party may also set the amount of remuneration for the creation of the object of property rights, thereby negating the will of the IP rights holder. This legislative approach does not take into account the provisions of Part 4 of Article 13 of the Constitution of Ukraine, according to which all subjects of property rights are equal before the law,” note the parliament’s lawyers.
This issue is particularly relevant today, when the Ukrainian army needs constant innovation in the field of armaments, technical support, and defense systems. Developments created by the military can be crucial for enhancing the country’s defense capabilities. Legislative regulation of rights to such inventions will avoid legal uncertainty and, at the same time, create conditions for the effective use of intellectual property in the public interest.
It is also worth noting that the adopted law is in line with global practice. In most countries, the property rights to inventions made by the military or other civil servants in the course of their duties are transferred to the state. Ukraine is thus harmonizing its legislation with international standards.
The adoption of the law on the transfer of rights to inventions by military personnel is an important step towards the legal protection of intellectual property and strengthening Ukraine’s defense capabilities. The law will strike a balance between the interests of the state and the rights of authors/inventors, provide legal certainty, and stimulate innovation.
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artificial intelligence / copyright / draft law / military personnel
