Disputes in the field of intellectual property
Disputes in the field of intellectual property are usually complex and require a thorough legal expertise. Often the value of brands, trademarks, know-how is in millions and requires a reliable legal protection as an intangible business asset. Moreover, the results of intellectual property become a profitable commodity both in national and international markets, and the demand for this type of product only increases, implying compliance with relevant legal procedures, including in Ukraine.
The volume of on-line trade is constantly increasing. Today, website interface, sales and orders services, inventions of marketing experts are tools that are wide-used in business. All of them are intangible assets of a business entity, which may be recognized as intellectual property and claimed as exclusive and requiring proper legal protection.
Judicial protection of intellectual property in Ukraine is based on the international agreements, which include Paris Convention for the Protection of Industrial Property, Patent Cooperation Treaty, Madrid Agreement Concerning the International Registration of Marks, Berne Convention on Literary and Artistic Works and on the national legislation of Ukraine, including the Civil Code of Ukraine, the Law of Ukraine “On Copyright and Related Rights,” the Law of Ukraine “On Protection of Rights to Marks for Goods and Services,” the Law of Ukraine “On Protection of Rights to Inventions and Utility Models,” the Law of Ukraine “On Protection of Rights to Industrial Designs.”
According to the procedural legislation of Ukraine, disputes in the field of intellectual property involving business entities are considered by economic courts of Ukraine, disputes involving individuals without the status of an entrepreneur are considered by local courts of general jurisdiction. An important role in the interpretation and application of legislation in the field of intellectual property plays the practice of the former Supreme Economic Court of Ukraine. It should be mentioned that the Law of Ukraine “On Judiciary System and the Status of Judges” as worded in 2016 provides for the establishment of the High Court on Intellectual Property.
GENTLS law firm lawyers offer high-quality legal protection of the intellectual property: trademarks for goods and services, commercial names, inventions, utility models, industrial designs, copyright and related rights, and other objects of intellectual property rights.
We cooperate with the leading expert institutions, the best private experts, which allows us to produce only legally sound decisions in the course of work on the cases of protection of intellectual property rights. GENTLS law firm specializes in the following disputes:
- On inventions, utility models, industrial designs;
- On protection of trademarks and trade names;
- Defamation claims;
- On invalidation of copyright protection documents;
- On early termination of trademark rights in connection with the non-use;
- On compensation of damages caused by violation of intellectual property rights;
- On restriction of the cross-border movement of goods caused by violation of intellectual property rights.