Resolution of intellectual property disputes

Resolving intellectual property disputes is a service of the law firm AGTL Kharkiv, Kyiv, Odessa.Disputes over IP objects are a voluminous list of different situations that businesses may face, ranging from challenging Ukrpatent’s decision to register IP objects and disputes over trademark infringement to recognizing certain actions as unfair competition.

Intangible assets of companies are becoming an increasingly important factor influencing their capitalization and success in competition. For the sustainable development of the company in today’s environment, along with building an effective production structure and supply chain, attracting qualified personnel and introducing innovation, it is necessary to structure and manage the intellectual property portfolio. The role of remedies for intellectual performance is an extraordinary increase in this task. Our professional lawyers help our clients and offer them a truly comprehensive range of intellectual property services.

Our advantages

• Lawyers work in the field of intellectual property protection;
• A great experience of successfully protecting clients’ interests in court and pre-trial proceedings;
• extensive experience with Ukrpatent and other agencies.

AGTL’s lawyers provide professional administrative and judicial protection for the client in intellectual property (IP) matters.

Our experts are ready to assist in resolving disputes regarding various intellectual property objects: trademark disputes, patent disputes, copyright infringement disputes, disputes related to Internet activities, contracts and transactions, and others.

The service involves the following steps

• Analyzing the client’s problem situation, identifying the tasks and the sequence of their achievement.
• Implementation of a set of measures to resolve the dispute in the pre-trial order (optional).
• Working out the strategy of dispute, collecting evidence base, preparing procedural documents.
• Directly representing your interests in the court or other relevant instance.
• Resolving disputes in the order of a peace agreement.
• Accompanying the execution of the court’s decision.

Cases in which the most frequently sought judicial protection

Intellectual property is subject to judicial protection in Ukraine.

Intellectual property can be controversial in two ways:
1. Disputes over industrial property (trademarks, service marks, brand name, utility models, inventions, industrial designs, know-how).
2. Disputes on copyright and related rights (publishing, images (photos, videos, map, picture, etc.), sound and video recording, publicity in written or oral form, volume-spatial form (sculpture, layout, model, etc.).

Intellectual property: disputes over industrial property.

The number of industrial property disputes according to court statistics is slightly less than the number of copyright disputes. The most common trademark infringements are due to the high turnover. Practice shows that the judicial protection of a trademark by making claims to suppress actions that violate the exclusive right to trademark are to be satisfied. The subject of the claims can include:

• Suppression of actions that violate the exclusive right to trademark;
• Legal assessment of trademark registration and use of unfair competition;
• reward for using an invention, a useful model.

Intellectual property: copyright and related disputes.

With the development of the Internet, judicial copyright protection is becoming more and more relevant. However, the jurisprudence is still ambiguous, and each dispute has its own peculiarities. The most often go to court for copyright protection when copying and publishing on other sites other other articles, videos, photos, content and design of Internet sites, there are disputes related to domain names. Often the parties violate the terms of the license agreement, as a result of which third parties have illegal access. A common subject of claims is:

• Compensation for infringement of the exclusive right to copyright;
• The recovery of the license fee;
• Suppression of actions infringing the exclusive right to copyright objects;
• copyright penalty.

Courts in most cases rely on written evidence that confirms the fact of violation, so it is necessary not to delay fixing the violation for later, taking into account that the information on the Internet can be changed very quickly.

“One of the ways to fix the violation may be notary reassurance. With the help of a notary, you can certify the facts of the violations, which will be the most significant evidence in court.”

Turning to us, you get

• Reliable legal protection of their intellectual property and the possibility of resolving the dispute in pre-trial order.
• Our experts will make the best protection strategy for you, as well as take on the representation of your interests in any court, in Ukrpatent and other state bodies.
• Additional services: Legal opinion on the prospects of litigation.

Terms of intellectual property dispute resolution service

Determined individually.

If you suspect that your rights are being violated, you can contact our specialists – lawyers and lawyers. We will conduct a preliminary analysis of the violation and offer you the best options for protecting your rights.