Legal Protection in Court: Ukraine

Protection of Intellectual Property Rights. Judicial Protection

Under the harsh conditions of business development, no one is insured against the infringements of intellectual property rights from dishonest individuals’ side.

The system of granting protection rights provides various means of protecting the rights of the owner of intellectual property. Putting an end to unlawful acts can not only prevent further violations, but in some cases compensate for the financial losses caused by such a violation.

The patent agency Vulikh & Vulikh has extensive experience in providing clients with services for the protection of intellectual property rights in the Appellate Chamber of the State Patent Office of Ukraine, courts, Antimonopoly Committee of Ukraine and other institutions and organizations.

In general, there are three strategies to protect IP objects.

1) Protection of rights without involvement of governmental authorities.

When a violation is detected, this action strategy is the first step towards resolving conflict situation. The owner of the IP object may notify the infringer about the fact of the violation of the rights by holding telephone negotiations, sending Cease & Desist letters, etc.

If both sides are willing to compromise, this strategy becomes the most acceptable and cost-effective.

2) Protection via an administrative proceeding.

If the infringer ignores the claim or denies the fact of violation, the owner of the IP object as the next action strategy may choose to appeal to the governmental authorities, such as the Appellate Chamber of the State Patent Office of Ukraine, Ministry of Economic Development and Trade of Ukraine, Antimonopoly Committee of Ukraine, law-enforcement authorities, etc.

3) Judicial protection.

If the two previous strategies do not satisfy the specifics of the current situation, the owner of the IP object may file a lawsuit in court in order to legally force the infringer to stop the illegal actions and compensate for the damages caused.

Most often, the reasons for initiating court proceedings may be the reluctance of the infringer to admit the fact of violation, ignoring the claims made, or the inability to protect your rights to the IP object in other ways, for example, if it is necessary to invalidate a certificate for the trade and service mark owned by the infringer.

Contact our company Vulikh and Vulikh! Our specialists will provide services for the protection of your intellectual property rights and will facilitate the successful settlement of arisen disputes.