Ukraine

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12 Jul 2019

Ukraine regulates organic food production and labelling

The law regulating organic food production and labelling will enter into force in Ukraine on 2 August 2019. Trademark owners should be cautious when using the word ‘organic’ in product names and trademarks. Read more

21 Jun 2019

New Ukrainian language law: Ukrainian official language for product labelling and advertising

The new Ukrainian language law, which enters into force on 16 July 2019, will require the use of the Ukrainian language for product labelling and advertising, with the exception of trademarks. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: Ukraine

No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law. Although that statute contains no definition of ‘counterfeit goods’, the relevant civil and criminal laws contain blanket provisions referring to the Trademark Law, particularly the definition of ‘use of a trademark’. Read more

11 Feb 2019

New domain name dispute resolution policy to be launched - what you need to know

In a welcome development for trademark owners, a new policy for the resolution of domain name disputes under the ‘.ua’ TLD will be launched on 19 March 2019.   Read more

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Anti-counterfeiting

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18 May 2017

Procedures and strategies for anti-counterfeiting: Ukraine

No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law. Although that statute contains no definition of ‘counterfeit goods’, the relevant civil and criminal laws contain blanket provisions referring to the Trademark Law, particularly the definition of ‘use of a trademark’. Read more

Enforcement and litigation

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14 May 2019

Procedures and strategies for anti-counterfeiting: Ukraine

No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law. Although that statute contains no definition of ‘counterfeit goods’, the relevant civil and criminal laws contain blanket provisions referring to the Trademark Law, particularly the definition of ‘use of a trademark’. Read more

11 Feb 2019

New domain name dispute resolution policy to be launched - what you need to know

In a welcome development for trademark owners, a new policy for the resolution of domain name disputes under the ‘.ua’ TLD will be launched on 19 March 2019.   Read more

10 Sep 2018

Supreme Court ends long-running debate: grace period from Association Agreement directly applicable in Ukraine

Ukraine’s Supreme Court has upheld decisions of the lower courts finding that the EU-Ukraine Association Agreement - which provides for a five-year non-use grace period, as opposed to three years under the national law - applied with direct effect. Read more

24 May 2018

Procedures and strategies for anti-counterfeiting: Ukraine

No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law. Read more

Goverment/policy

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7 Nov 2018

New drafts amendments to patent, utility model, design and trademark legislation – what you need to know

The Ukrainian Ministry of Economic Development and Trade has released new draft amendments to the patent, utility model, design and trademark legislation for public review. Read more

IP offices

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20 Oct 2016

Reform of IP governance in Ukraine

The Cabinet of Ministers of Ukraine has approved Decree 585 that will launch the reform of state governance in the IP sphere. It is believed that the reform will ultimately result in the creation of a single national patent office instead of the existing two-tier model and will increase transparency and efficiency of governance in the IP sphere. Read more

Online

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20 Jul 2017

Ukraine facilitates IP protection on the Internet

The Law of Ukraine on State Support of Cinematography has come into force, including amendments to the Law of Ukraine on Copyrights and Related Rights. Although the amendments are designed to address protection of copyright on the Internet, some provisions may be helpful in dealing with other IP matters. Read more

Portfolio management

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5 Apr 2017

Higher Economic Court addresses trademark issues in review letter

The Higher Economic Court has issued Review Letter No 01-06/521, which concerns the application of the law by the economic courts within the context of IP disputes. Although review letters do not have the weight of law, they are usually taken into account by the lower courts. The review letter considers the relative grounds for refusal of a trademark, as well as the concept of 'exhaustion of rights'. Read more

29 Mar 2017

Trademark procedures and strategies: Ukraine

National trademark laws include: the Civil Code of Ukraine (435-IV/2003); the Law on Protection of Rights to Marks for Goods and Services (3689-XII/1993) (the ‘Trademark Act’) and; the Rules for Drafting, Filing and Consideration of Trademark Applications, approved by the State Department for Intellectual Property (116/1995). Read more

Trademark law

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10 Sep 2018

Trademark procedures and strategies: Ukraine

The Trademark Act does not protect unregistered trademarks as such. However, in certain cases, the owner of an unregistered mark that is used in Ukraine can protect its rights on the grounds of unfair competition laws.  Read more

10 Sep 2018

Supreme Court ends long-running debate: grace period from Association Agreement directly applicable in Ukraine

Ukraine’s Supreme Court has upheld decisions of the lower courts finding that the EU-Ukraine Association Agreement - which provides for a five-year non-use grace period, as opposed to three years under the national law - applied with direct effect. Read more

10 Apr 2018

New grace period for non-use? Court finds that Association Agreement should have direct effect

The Kiev Commercial Court has held that the Association Agreement between the European Union and Ukraine, which provides for a five-year grace period for non-use, shall apply with direct effect. Read more

7 Mar 2018

Higher IP Court to start operations this year; efficiency expected to improve

The new Higher Court on Intellectual Property Matters, whose jurisdiction covers of wide range of IP and unfair competition disputes, is expected to start operating this year. Read more

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