Nataliia Minakerman gave a lecture at FMCG & RETAIL LAWYER course


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 IPStyle experts would gladly assist you in resolving disputes.