Trade wars for ‘gray’ import
Recently, more and more Ukrainian holders contribute intellectual property objects to the Customs Register. Main purpose of this application is blocking violation of intellectual property rights while import and export, in other words, identifying and fighting counterfeit.
One of the key issues of international trade and intellectual property is parallel or so-called ‘gray’ import.
Court practice in violation of the plant varieties rights
Civil Code of Ukraine and the Law of Ukraine ‘On the Protection of Plant Varieties’ determines that plant varieties property rights in case of infrigment can be protected by court.
Termination and invalidation of patent of invention and utility model
Patent owner may refuse from it completely or partially in any on the basis of the application submitted to the Patent Office of Ukraine in any time.
Termination and cancellation of design certificate
The certificate owner at any moment may withdraw it entirely or in part on the basis of an application submitted to the Patent Office of Ukraine.
Termination and cancellation of trademark certificate
The issue of termination of a trademark certificate, including as a result of termination due to invalidation thereof, shall be regulated by the Section/Title 5 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services", Paris Convention for the Protection of Industrial Property, Madrid Agreement Concerning the International Registration of Marks, Madrid Protocol.
'Gray' import in Ukraine: be or not to be?
Today the gray import is widely spreading: a great amount of stores, including online ones, are offering perfumes, cosmetics, mobile and household appliances imported to Ukraine without trademark proprietors permissions. The number of appeals from rights holders and their distributors to online stores, concerning sale of such products, is growing at a quick rate.