Protection of intellectual property rights in Ukraine
Infringement of copyright and other intellectual property rights on the Internet is one of the most crucial issues of intellectual property in Ukraine. This is why we pay special attention to protection of copyright on the Internet.
This problem particularly concerns big companies that have well known brand name or trademark. By using trademarks on their websites, the infringers do not only sell counterfeit or smuggled products but also harm company’s business reputation since the quality of services that are rendered by them is usually very low.
Our attorneys provide high quality legal services related to protection of rights on the Internet by interacting with both state authorities and search engines which enables us to solve problems effectively and quickly. We do our best to avoid litigation and resolve the problem at the pretrial stage. This helps to save both time and money of our clients.
Also we help our clients to get proper protection of intellectual property in Ukraine prior to infringement of owner’s rights to it. This includes registration of trademarks in Ukraine, obtainment of copyright state registration certificates and patents on industrial designs, etc.
- Conduct detailed analysis of websites in order to detect possible infringements of copyright, trademark use rights and other intellectual property rights on the Internet. Monitor Ukrainian segment of the Internet in search of such infringements. Affirm fact of the abovementioned violations.
- Provide comprehensive legal advices in regard to opportunities and mechanisms of protection of intellectual property rights.
- Identify website owners by means of interaction with domain name registrars and/or hosting providers.
- Take prompt countermeasures in regard to the fact of copyright infringement or other facts of unfair competition on the Internet: file requests of infringing content removal or complaints with demands of recovery of damages.
- Interact with search engines (in particular Google) by means of sending DMCA takedown notices in order to remove infringing website from search results as well as to remove infringing content from other Google’s services.
- Prepare and send complaints to hosting provider in order to cease provision of hosting services by such provider and remove the infringing website from the Internet.
- Cooperate with Ukrainian controlling authorities (cybercrime department of the Ministry of Internal Affairs of Ukraine, Antimonopoly committee of Ukraine) in order to identify infringers, cease violations as well as recover damages, etc.
- Protect copyrights, rights to trademark in court in order to recover pecuniary and non-pecuniary damages as well as to cease unfair competition.
- Help to enforce court decisions or settle with the infringer which includes recovery of pecuniary and non-pecuniary damages.
Additional information about the service
Protection of intellectual property rights on the Internet starts not with identification of infringer but rather with registration (formalization) of IP rights and their recognition in Ukraine. This is why our lawyers provide services which include both protection and proper registration.
The priority of protection of rights on the Internet in Ukraine is pretrial settlement which allows to save client’s resources as well as restore infringed rights. The key aspects of protection of rights on the web are affirmation of the fact of infringement, identification of responsible party as well as estimation of the possibility of damages recovery in our client’s favor. If it becomes clear at this stage that the infringer has neither money, nor property to provide proper satisfaction, we limit our services to the ones that are really necessary for our client – removal of infringing content (website) from search results and/or from the Internet in general.
As an element of cooperation development our attorneys will be able to provide services related to identification of smuggling routes or counterfeit goods that are sold via infringing website and protection of client’s interests in this regard.