How to ensure the food’s marking to make it protectable by IP law and at the same time to comply with the new Legislation? We have evaluated a new Law of Ukraine On the Provision of Food Information to Consumers and prepared analysis in the framework of IP law. Although the IP rights holders have 3 years to adapt the marking of food in accordance with new regulations, we find it important to get acquaint you with the information provided below in advance.
The Law of Ukraine On the Provision of Food Information to Consumers
The Law of Ukraine On the Provision of Food Information to Consumers has entered into force in august 2019 (hereinafter – the Law).
To start with, food producers have 3 years to adapt the marking in accordance with the Law, namely, the necessary check for compliance and/or amendments should be done before 08/05/2021.
The short TO DO/ TO CHECK guide for the food producers for compliance with the Law
There are new definitions of the terms ‘official name’, ‘usual name’, ‘descriptive name’:
Official name and descriptive name can’t be registered as a trademark because mentioned names don’t fulfill the criteria of legal protection. Thus, we need to distinguish the name of the food and marking that can be registered as a trademark.
Information that must be given on food product
Rule No 1: information about food shouldn’t be misleading.
Rule No 2: information should be mentioned in Ukrainian; there can be translations in other languages along with the Ukrainian text.
Mandatory information includes:
Certain fines are provided for violation of the Law regulations (as of October 2019):