Region: Ukraine

Trademark law amended following ban of Communist and Nazi symbols

Following the entry into force of a new law condemning the Communist and Nazi regimes and prohibiting all related symbols and propaganda, several articles of the Law on Protection of Rights to Marks for Goods and Services have been amended. Under the transitional provisions of the new law, rights holders whose trademarks contain Communist and/or Nazi symbols are obliged to bring such trademarks into line with the legislation.

02 July 2015

Introduction of administrative appeal against industrial designs and utility models considered

During a recent roundtable organised by the Intellectual Property Office, the majority of attendees supported the idea of introducing an administrative appeal procedure against registered industrial designs and utility models. There is currently no substantive examination for industrial design and utility model applications, which encourages copying.

04 June 2015

Ukraine

Featured in Anti-counterfeiting 2015 – A Global Guide

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’.

08 May 2015

EU-Ukraine Association Agreement: an update

In accordance with the plan for the implementation of the EU-Ukraine Association Agreement, relevant IP laws should be drafted by the end of July 2015 and public access to filed trademark applications should be introduced by the end of December 2016. Generally, the agreement provides for the harmonisation of the Ukrainian legislation with the EU legal framework and the resolution of a number of problematic issues in the IP sector.

02 March 2015

Finding of trademark infringement results in transfer of domain names to mark owner

The Kiev Commercial Court has held that use of the domain names 'vilpe.com.ua' and 'vilpe.net.ua' by a Ukrainian company infringed the trademark rights of Finnish company SK Tuote OY. The court ordered that the local domain name registrar - a co-defendant in the matter - re-delegate the aforesaid domain names to the trademark owner.

20 February 2015

Abandonment of challenged registrations does not affect invalidation action

The Kiev Commercial Court has ordered the cancellation of the trademarks BOLAREN and DOLAR and of a design patent representing the trade dress for the Dolar medicine based on the earlier trademark DOLAREN. Among other things, the court held that the abandonment of the challenged registrations did not affect the proceedings, since the consequences of abandonment and those of invalidation are different.

10 October 2014

EU-Ukraine Association Agreement: the Trademark Implications

The EU-Ukraine Association Agreement, signed late last month, is expected to pursue the harmonisation of Ukrainian law with the European legal framework. This will affect trademarks, among other things. While many rules set forth in the agreement are already reflected in the relevant Ukrainian laws and regulation, crucial novelties are to be introduced, including the enhancement of the possibility to oppose trademark applications.

17 July 2014

Special 301 Report: Ukraine no longer a Priority Foreign Country

Ukraine is no longer highlighted as a Priority Foreign Country - a designation given to the worst offenders - in the USTR’s latest Special 301 report. In 2013 Ukraine was listed as one the top offenders, mainly for copyright-related issues. However, due to the current political situation in Ukraine, the United States will not take any further action for the time being.

30 May 2014

eBay obtains cancellation of EBAY mark for telecommunication services

The Solomensky District Court of Kiev has ruled in favour of eBay in its action against Ukrainian resident Stasyuk Andriy, the Ukrainian Patent and Trademark Office and the domain name registrar NIC.ua. The court invalidated Andriy’s trademark registration for the mark EBAY and ordered that Andriy’s domain names 'ebay.com.ua' and 'ebay.co.ua' be transferred to eBay.

11 February 2013

Companies seeking to import clothes hangers must now pay royalties

Companies wishing to import clothes hangers into Ukraine are now unable to do so without paying royalties, as clothes hangers have recently become protected in Ukraine by a design patent. Such situations are not rare in Ukraine, as there is no substantive examination of design patent applications.

22 January 2013

Unlock unlimited access to all WTR content