Nataliia Minakerman gave a lecture at FMCG & RETAIL LAWYER course

2020-01-14

What should be done in case your intellectual property rights were infringed? And what if you are accused of infringement? Nataliia Minakerman, a lawyer at the IPStyle Judicial and Contractual Department, spoke on how to avoid aforementioned and how the real cases in FMCG & RETAIL sphere were resolved. On January 13, Nataliia gave a lecture at the course on legal support of the retail and production market, organized by the Business Consulting Academy.

 

 

During her lecture Nataliia spoke about:

  • FMCG & RETAIL IP Objects
  • How to protect your IP rights and not infringe others
  • Retail IP disputes based on real cases
  • Procedural lifehacks

Based on Nataliia’s presentation we’ve prepared a short to-do-guide depending on your role in the disputable situation.

In case your rights are infringed:

  • Analyze the factual situation
  • Check the “rear” — make sure that
    – your TM is in use or has been in use for the last 5 years
    your TM or patent is eligible to protectability
  • Provide evidence
    – Expert opinion
    – Test purchase of counterfeit products
    Evidence an opponent use of TM
  • “Go into the attack”
    – Send a cease and desist letter
    – File a lawsuit or a statement to the Antimonopoly Committee of Ukraine 

In case you receive a claim and now in the role of the infringer, then analyze circumstances and requirements. Depending on the result:

  • If the violation is obvious cease it, try to negotiate with the opponent peacefully
  • If there is no violation get ready for a counter-attack or defence position and assert your rights (respond to CD letters, counterclaims)

If you have additional questions or require legal assistance, please email us at office@ipstyle.net. IPStyle experts would gladly assist you in resolving disputes.