Ukrainian intellectual property law is rather well developed. However, there are a number of issues not so well regulated or lacking consistent enforcement practice. Many of the latter relate to the Internet and other new media, where the law in general and court practice in particular are not as advanced in comparison with traditional industries.
In order to obtain legal protection in Ukraine, most intellectual property objects should be registered locally or under the international treaties Ukraine is a party to. Some objects such as copyright and neighbouring/performing rights do not require obligatory registration. However, registration, when available, is always an advantage in the event of a dispute.
The intellectual property practice of Vasil Kisil & Partners covers all aspects of legislation governing patents, trademarks, copyrights, trade secrets, antimonopoly, unfair competition, false advertising, and other
matters involving intellectual property. We also have experience of conducting cases connected with the protection of intellectual property rights for brands of plants and designation of origin of goods.
We offer a broad range of services covering copyright, domain names, neighbouring / performing rights, patents for inventions, industrial designs and utility models, trademarks and trade names, as well as trade/commercial secrets.
Our services include structuring and implementation of cross-border and domestic transactions with intellectual property objects including franchising, licensing, merchandising and technology transfer agreements, intellectual property due diligence, advice on regulatory matters, registration/prosecution and oppositions, litigation and representation in actions against IPR infringements and other forms of unfair business practices. Our trademark and patent litigation practice is particularly extensive.
Over the years we have gained considerable industry specific experience in advising our clients on their intellectual property matters in advertising, automotive, chemical, FMCG, information technology, media, pharmaceutical, and telecommunication sectors.
Since its foundation our practice has always had a strong international focus. Today our clients in the intellectual property sector are mostly major international companies operating in Ukrainian markets, as well as prominent Ukrainian companies doing business abroad.
This year we have successfully implemented a new trademark ownership structure for a major media group that consists of publishing, radio, television, advertising, print retail companies and other related businesses
in Ukraine, Russia and Kazakhstan. The project included structuring a number of cross-border transactions in the above-mentioned jurisdictions as well as Cyprus and the Netherlands, trademark registrations, and advice on related tax and antimonopoly issues.
This matter was related to the general company restructuring in preparation for an international private placement of shares and showcases how an increase of both tax efficiency and the general company value was
achieved as a result of proper IP ownership structure.