Visual Identity and Legal Risk in Military Replica Production

Abstract

This paper explores the overlooked role of industrial design rights in defense strategy, focusing on the legal implications of producing military decoys during the Russian-Ukrainian war. Using doctrinal legal analysis and real-world case studies, it examines how unauthorized replicas, both inflatable and constructed, imitate protected defense systems. The paper highlights Ukraine’s legal restraint: instead of suspending IP rights under TRIPS Article 73, it maintained procedural continuity to protect its IP reputation. The paper identifies a growing legal gray zone in the copying of military designs for tactical purposes in the form of decoys, particularly by private contractors. The research finds that such phenomena may be tolerated by rights holders and society when they bring additional and more substantial benefits. The study addresses the motivations behind tolerating unauthorized replicas and the implications for future defense innovation. It concludes that design rights should be integrated into national defense IP strategies through tailored licensing and contract clauses, anticipating future commercialization and international legal exposure. The study underscores the need for proactive IP governance where industrial designs are treated as strategic assets with legal, tactical, and commercial consequences.