Patent Attorney of Ukraine Oleksandr Kolosov

Protection of rights on IPOs
in court

Patent Attorney of Ukraine Oleksandr Kolosov provides services related to the representation of the interests of the Client to protect the right on intellectual property objects (IPO) in the courts and other bodies, which according to the legislation of Ukraine, take part in the protection of rights on the IPO.

The right on judicial protection means that under certain conditions a person who believes his rights have been violated, may require from a court to make a decision on application of one of the available methods of protection. The court must make a decision of an appropriate content.

Judicial procedure of rights protection is the most perfect for investigation of the truth. Therefore, the court is a basic form of protection of rights on the IPO. The court also invalidates protection documents - patents for inventions, utility models, industrial designs, certificates for trademarks, international registrations that are valid in Ukraine. Grounds for declaring invalid titles may be unsuitability of the object to the conditions of legal protection, including the fact that they were issued in violation of the rights of third parties.

Another way to protect intellectual property rights - an appeal to the Antimonopoly Committee of Ukraine. The whole procedure of dispute settlement in the Antimonopoly Committee of Ukraine is determined by the legislation.

It is also possible to apply for protection of their rights to the Court of Appeal of the State Department of Intellectual Property. In the Court of Appeal administrative disputes are settled. Basically, it is the applicant's objection against the decision to refuse to grant protection for an industrial property.

Protect intellectual property rights is also possible by applying to the State Customs Service of Ukraine. Customs Code of Ukraine adopted 13.03.2012, provides a procedure of entering the IPO in the Customs Register.

Usually act as IPO trademarks and industrial designs (at least - the objects of copyright). The result of entering into the Customs Register of IPO at the request of the owner is that the customs border would stop the party goods imported to the territory of Ukraine in violation of intellectual property rights.

Currently the Ukrainian legislation provides sufficiently effective measures for the protection of intellectual property rights, including criminal liability for violation of intellectual property rights.

In the preliminary stage we study the materials you provide and advise which of the possible remedies are appropriate to be used.

Qualification of Patent Attorney, who will represent your interests in the courts or other authorities, will enable to choose the most efficient way to protect your rights.

Working closely with specialized scientific, news organizations, accounting firms, notaries, appraisers allows to engage required skilled professionals in various fields of knowledge in all fields of activity into solving customer’s problems.

(based on the materials of the State Department of Intellectual Property of Ukraine)

Why you may need this service?

  • Allows owners of intellectual property rights in good faith and to the peaceful enjoyment of their rights
  • Makes it possible to prohibit third parties illegally use the intellectual property rights of the legitimate owner

Contact us! Our contacts

There is no list of services and price list for them. Please, contact us for details.

There is no list of extra services and price list for them. Please, contact us for details.

The necessary background information
  • Title of protection for IPO
  • Description of the IPO
  • Extract from the State Registry confirming the validity of the rights on the IPO
  • Samples of the goods (or a photographic image), which contain the IPO
  • Proof of facts and dates infringement of IPO rights

For rightholder - individual (in Ukrainian language)

  • Name (for residents of Ukraine)
  • Date and year of birth, telephone number
  • Citizenship
  • Identification code
  • Address of registration (residence permit) with postal index
  • Address for correspondence with postal index

For publishers - legal person (in Ukrainian language)

  • Full name of firm
  • Code OKPO enterprise, phone
  • Legal address and postal code
  • Address for correspondence with the postal index
  • The name and position of the head
  • Power of Patent Attorney
  • Payment of Patent Attorney honorarium and official fees

Other related information
(depending on the type and nature of the IPO rights violations)

Procedural terms of formalization and registration
  • from 10 days
    Preparation and filing of claims
  • 1-2 months
    Deciding on the preparation and submission of a claim to the courts
  • 3-6 months and more
    Representing the interests of the rightholder in the courts as an intellectual property expert
Final result
  • Pre-trial settlement of the dispute with the violator of rights on IPO rightholder (ideally)
  • Court decision on the recognition (or denial of recognition) of infringement of rights of rightholder on the IPO
  • Extract from the Court Register
  • The ability to claim compensation for damage as well as a making a license agreement with the violator of rights of rightholder on the IPO
  • Discontinuation of counterfeit products manufacturing infringing rights on IPO and other sanctions
Potential risks
  • The difficulty of collecting evidence of infringement of the IPO
  • Duration of the judicial process to protect the violated rights of the IPO
  • Significant material costs for preparation and participation in trials
  • The difficulty of predicting a positive outcome of the proceedings