Ukraine

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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

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

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

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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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12 Jul 2016

Ukraine adopts new laws on judicial reform

The Ukrainian Parliament has adopted three laws that seek to transform the outdated judicial system, ensure efficiency and transparency and improve professional and ethical standards for judges. 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

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

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

6 Dec 2017

Ukraine establishes IP court

The process of establishing a new court in the Ukrainian judicial system, the High Intellectual Property Court, was recently launched by Decree 299/2017. The court will have jurisdiction over IP-related disputes and will act as a court of first instance and a court of appeal. The establishment of a specialised IP court is one of the most important changes brought about by the judicial reform and is expected to make the Ukrainian IP system more efficient and IP-related litigation more consistent. Read more

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