Region: Ukraine

New resolution aids Customs in fight against counterfeiting

Cabinet ministers of the government of Ukraine have approved Resolution 622 concerning registration of IP rights, including trademarks, with the State Customs Office of Ukraine. The resolution allows IP rights holders to register their IP rights with Customs as opposed to the previous system, which allowed registration only of the goods covered by the rights.

01 May 2007

Amendments to Customs Code adopted

The Ukrainian Parliament adopted on November 16 2006 Draft Law 2414 'On Amending the Customs Code of Ukraine', which deals with the protection of IP rights with respect to goods transferred through the customs border of Ukraine. The law obtained a majority of votes on second reading.

11 December 2006

Singer's cancellation action hits the right note

The Kiev Economic Court has cancelled a device mark registered for goods in Class 30 of the Nice Classification and comprising of the name Taya and an image of famous Ukrainian singer Taisiya Povaliy. The court held that the mark unfairly took advantage of the repute of the singer, who performs under the name Taya, as it implied that there was some connection between her and the products sold under the mark.

09 November 2006

Publisher wins right to register trademark colour

The Appeal Chamber of the Intellectual Property Department of Ukraine has reversed a decision to refuse trademark protection for a colour on the basis of non-distinctiveness. The decision allows a legal publisher to register a characteristic shade of red used in its periodicals and on its websites.

14 September 2006

Ukraine ratifies CIS resolution on border measures

The Verhovna Rada, Ukraine's upper house, ratified on January 19 the Resolution of the Heads of State Council of the Commonwealth of Independent States on the Rules of Customs Control on IP Goods in Transit. The rules establish general provisions for the registration by owners of their IP rights with Customs so that goods suspected of infringing these rights may be stopped and further investigations may be started.

23 March 2006

Success for Ferrero in RAFFAELLO Case

The Anti-monopoly Committee of Ukraine has issued a ruling in favour ofthe Ferrero Group. The committee found that the trademark RAFFAELLO and the rightsin the distinctive packaging design of Raffaello confectionery had been infringedby the producer and distributor of a sparkling wine sold under the name 'Raffaell'.

10 February 2006

ROLEX mark cancelled for goods in Class 34

Cigar manufacturer PT Permona Company has dealt a blow to Rolex SA following the Kiev Economic Court's decision to uphold its claim for cancellation of an international registration for ROLEX covering goods in Class 34 of the Nice Classification. The court stated that as no evidence had been provided to show that Rolex had used the marks for goods in Class 34, the registration infringed Permona's rights in its unregistered ROLEX mark.

30 November 2005

New law clarifies foreign jurisdictional issues

New legislation on international private law, implemented on September 1, clarifies the jurisdictional issues relevant to the application of the law on civil relations - including relations that involve intellectual property - where at least one element of the relations takes place in, or is connected in some way to, a foreign jurisdiction. The act was adopted on June 23 2005.

23 September 2005

Rules on recognition of well-known marks come into force

An order approving the adoption of rules that the Appeal Chamber of the State IP Department will apply in determining whether a trademark should be considered well known has come into force. Among other things, the rules establish the correct process for preparing and filing an application to have a trademark recognized as well known in Ukraine.

20 June 2005

Consent procedure for use of national emblem or flag invalidated

The regulations outlining the procedure for filing and considering applications to obtain consent to include images of Ukraine's national emblem or flag in trademarks have been declared invalid. Thus, while it is possible to include such elements in trademarks, there is no procedure for seeking authorization to do so.

14 June 2005

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