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Intellectual property

The law firm «Aleksey Pukha and Partners» provides a full range of services in the field of intellectual property and copyright protection practices. We have formed a unique experience in providing legal services to international and national clients in various spheres of activities since 2009. Our clients are large foreign trades, manufacturing and industrial enterprises, precision enterprises, as well as enterprises in the sphere of finance and services.

Lawyers and patent administrators monitor changes in the sphere of legal regulation of intellectual property in Ukraine and worldwide constantly; take part in the work of specialized organizations in the field of intellectual property, as well as generalize arbitration and judicial experience in the protection of intellectual property rights in Ukraine, the European Union and the USA, allowing guaranteed high-quality legal services to provide.

The company's services include a full range of necessary legal tools enabling to solve the tasks of a foreign and national client on the most favourable terms and in the shortest possible time.

The company provides services in the practice of intellectual property and copyright protection, among which are:

Consultations and due diligence in the field of intellectual property

  • advising on the application of Ukrainian and international legislation in the field of intellectual property, registration and protection of intellectual property;
  • provision of due diligence regarding the registration, usage, alienation and protection of intellectual property on a cross-border and national scale;
  • providing advice on sectoral specific features (industry, media, telecommunications, IT, manufacturing, trade, services) in respect of intellectual property;
  • provision of due diligence on the use of the geographical origin of the good.

Registration of intellectual property

  • preliminary search for trade marks (TM) (marks for goods and services), preparation of reports on the similarity of trade marks;
  • registration of trade marks (registration of TM) in the national register system;
  • international registration of trade marks (registration of TM) on the basis of the Madrid Agreement concerning the International Registration of Marks and Protocol Relating to the Madrid Agreement;
  • legal support for the recognition of the trade mark generally recognized in Ukraine;
  • registration of copyright and related rights of any kind of works of art, culture, music, creativity, including computer programs and databases;
  • registration of a domain name, including the “UA” zone.

Patents as an object of intellectual property

  • legal support of procedures obtaining patents for inventions, utility models, industrial designs according to national or international means of registration;
  • challenging and invalidation of patents in court.

Contracts and transactions in the field of intellectual property

  • structuring transactions related to cross-border use of intellectual property;
  • legal support of transactions related to the sale of intellectual property, legal support for the full negotiation process;
  • preparation of franchise contracts, development of a franchise structure, agreement of terms and conditions;
  • preparation of license agreements on the use of intellectual property rights. Legal support of the negotiation process and agreement of terms and conditions.

Business and management in the field of intellectual property

  • evaluation of intellectual property in the business structure and the formation of protection mechanisms of the intellectual property of business;
  • legal support for taxation and optimization of taxation related to intellectual property;
  • management of intellectual property;
  • development of a brand protection strategy.

Representation and protection of interests in the field of intellectual property

  • representation of interests in the service of the national registrar - the State Intellectual Property Service of Ukraine;
  • representation of interests in the Antimonopoly Committee of Ukraine in the investigation of cases on a charge of unfair competition;
  • representation of interests in the state customs service of Ukraine;
  • representation of interests in law enforcement authorities.

Protection, arbitration, unfair competition in the field of intellectual property

  • conclusions providing on the cases of the impediment to the use of intellectual property on the territory of Ukraine;
  • legal support of arbitration and court cases related to pirate goods and piracy; representation and protection of interests in commercial and administrative courts of Ukraine, arbitration proceedings, as well as issues of mediation;
  • participation in the consideration of cases in the sphere of unfair competition associated with the use of intellectual property;
  • participation in the consideration of cases of commercial operators;
  • resolutions of disputes related to intellectual property;
  • participation in the consideration of cases involving the use of geographical origin of the good.

The team of «Aleksey Pukha and Partners» lawyers of intellectual property practice prepares all necessary documents and provides all necessary consultations, as well as carries out all necessary actions to achieve the client's task.

Among our cases are:

Fashion TV, the USA - providing legal advice on the use of a trade mark on the territory of Ukraine in the sphere of telecommunications and media;

MONEY MAKER GROUP, Cyprus - registration of a trade mark on the territory of Ukraine in accordance with the requirements of the Madrid Agreement concerning the International Registration of Marks and the Madrid Protocol in the field of capital management and finance;

Silbud, Belarus - consultations on the use of a trade mark on the territory of Ukraine in the structure of investments and business protection, accelerated registration of a trade mark in the construction industry;

Ipca, India - part in the investigation of the Antimonopoly Committee of Ukraine on unfair competition in the field of pharmaceuticals;

Dealex Transport, Denmark - provision of preliminary conclusions on trade mark registration, trade mark registration in transport and logistics.

Our lawyers are included into the list of recommended lawyers in the field of intellectual property according to Legal 500 and IFLR 1000.

To be noticed is that the World Intellectual Property Organization (WIPO), which was founded in 1970, deals with the issues of globalization, development and protection of intellectual property in the world at the moment.

Lawyers of «Aleksey Pukha and Partners» constantly monitor the activities of WIPO influencing the development of creativity, science and technology, world trade, as well as intellectual property in general.

It is to be recalled that the legal basis for intellectual property was in pledge by the Paris Convention for the Protection of Industrial Property adopted in 1883, as well as the Berne Convention for the Protection of Literary and Artistic Works of 1886.

In Ukraine the registration of intellectual property is carried out by Ukrainian Intellectual Property Institute. In addition, the European Patent Office (EPO) and the African Intellectual Property Organization (AIPO) can provide expertise for groups of countries.

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