Region: Ukraine

New rules on registration of IP rights with Customs to come into force

The State Customs Service of Ukraine has announced that Order No 1034/21346 of the Ukrainian Ministry of Finance, which will remove the obligation to pay a deposit in the amount of €1,000 in order to register IP rights with Customs, is due to come into force in the near future.

20 July 2012

New Customs Code introduces important changes

The new Customs Code of Ukraine, which entered into force on June 1 2012, introduces significant changes in the customs watch procedure for goods containing IP objects. A positive change for IP rights holders is that the requirement to deposit bail or bank guarantees to cover the customs authorities’ expenses has been cancelled. This simplifies the procedure for entering IP rights into the Customs Register and reduces the costs for rights holders.

19 June 2012

Court issues rare decision on well-known trade names

The Solomyansky District Court of Kyiv has ordered the cancellation of the trademark BALTIKA, registered since 2004. Among other things, the court held that, at the date on which the defendant applied for the registration, the mark was similar to the plaintiff’s corporate trade name to such a degree that the two could be confused.

06 June 2012

Practice regarding registration of trademarks containing INNs is clarified

The Ukrainian Institute of Industrial Property has upheld a decision of the Appellate Board in which the latter had held that Celgene Corporation’s trademark THALIDOMIDE CELGENE should be registered for a limited list of goods, with a disclaimer for 'thalidomide'. The decision is significant in that it clarifies the institute’s practice with regard to the registration of trademarks containing INNs.

10 May 2012

Domain names containing apostrophe successfully operating

In order to find out whether it was technically possible to have domain names containing an apostrophe, Ukrainian experts working for Hostmaster, the operator of the Ukrainian ccTLD, have created three such domain names. Hostmaster is ready to co-operate with domain name registrars and introduce new rules making it possible for everyone to register domain names containing an apostrophe.

06 December 2011

Google finally asserts rights over ‘.ua’ domain name

In a case involving the domain name 'google.ua', registered by a fictional Ukrainian company called Go Ogle LLC, the Kiev Commercial Court of Appeals has held that the registration of the domain name itself infringed the rights of international search engine Google.

21 September 2011

Ukraine to stop labelling sparkling wines as ‘champagne’

Ukraine and the European Union are due to sign a free trade agreement later this year, under which Ukrainian wine producers will be obliged to stop calling their sparkling white wines '<i>shampanskoye</i>' ('champagne'). It is hoped that the free trade agreement, which is expected to come into force in 2013, will bring Ukraine closer to EU membership.

09 May 2011

Trademark owners must exploit their rights fairly

The Kiev Appeal Court has upheld a decision of the first instance court in which the latter had ordered the cancellation of the trademark NAPAPIJRI, owned by an individual, on the grounds of non-use. The cancellation action had been initiated by VF International, which owns the Napapijri sportswear brand in many counties.

21 April 2011

Ferrero defeated in dispute with Russian confectionery maker

The Higher Commercial Court of Ukraine has upheld a decision of the Kiev Commercial Court of Appeal in which the latter had invalidated an international trademark registration owned by Soremartec SA, a company of the Ferrero Group. The international trademark protected the appearance of Ferrero’s well-known Raffaello sweets.

14 February 2011

Protection of UEFA's IP rights increased ahead of Euro 2012

The State Department of Intellectual Property of Ukraine, in association with UEFA, is drafting amendments to the Law on the Organisation and Implementation of the Final Part of the European Football Championship of 2012 in order to respond to UEFA’s requirements. UEFA has already registered over 100 trademarks relating to Euro 2012 in Ukraine.

01 February 2011

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