Legal services covering issue of intellectual property in Ukraine


As far as the intellectual property (information itself, including "knowledge" and "technology" as well as signs attached to goods and/or services, i.e. the trademarks) and related legal relations have proven themselves as the most progressive and vital for further development of Ukrainian (and also World) economy and overall commonwealth, such property and appropriate derivative rights require smart legal protection starting from the early stage of creation of the same (i.e. registration of appropriate trademarks, inventions, discoveries, etc.). In other words in order to protect appropriate intellectual property rights the good legal support required in ordered to pass through whole procedure of registration of the same, otherwise the intellectual property (and derivative rights) may never appear and accordingly cannot be protected.

As our practice show, regardless the entire regulation of the intellectual property and derivative rights in Ukraine are covered with a good number of appropriate Ukrainian laws and regulations, and accordingly one can think that support with this issue should be provided exclusively by a Ukrainian law firm, we are convinced, that even the best lawyer in the field of the intellectual property and intellectual property relations is unable to provide his client with full and effective support covering issues of IP in Ukraine because together with clearly legal aspects this work requires also to use rather big massive of special technical and technological knowledge.

Therefore the most effective support and coverage of IP issues in Ukraine can be rendered to the client only if at least two competent specialists, who are the attorney at law the patent attorney, are working together in strong cooperation and collaboration.

The above model of work provides that the legal specialist is responsible for:

- comprehensive legal consulting and advising at the early stage (before starting registration of appropriate intellectual property rights in Ukraine);

- legal support during the procedure of registration of appropriate intellectual property rights (as far as even on this stage some disputes with state authorities and/or owners of similar intellectual property are possible and accordingly a smart and effective legal support is required in order to supersede the appearing obstacles and to reach the desired target); this work as well is to be done by both attorney at law and patent attorney, where accordingly the attorney at low is responsible for the procedural aspects, including court protection and appeals, and the patent attorney is mainly responsible for the material aspects including provision of appropriate highly-competent technical, technological ratios, which are vital in order to argument and defend the overall target (as far as even a very good lawyer has no enough technical and technological knowledge to argue the position, if the issue in dispute relates to technical and scientific, but not procedural aspects);

- comprehensive legal consulting and advising as regarding use of already registered intellectual property;

- drafting appropriate license contracts and agreements if and when required;

- further legal protection of the intellectual property and appropriate rights of its owners and legitimate users of the same (including court protection, collecting the reasonable financial rewards form violators of the same, and of course collaboration and motivation of appropriate state authorities, such as police, procurator's office, etc., whose functions and responsibilities also include protection of such rights); at this stage assistance from a patent attorney may also be required.

In its turn, considering the above provided model, work of the patent attorney normally includes:

- preliminary expertise related to possibility of registration of certain intellectual property (first of all from the expert, technological and scientific point of view, however also covering some legal aspects and procedures related to registration of the same);

- preparation of appropriate applications and documents for registration of the intellectual property (because this work use the standard forms of documents and the unified procedures for filing the same, but contents of such forms is mainly of technical and technological nature, which accordingly should be prepared and filled in by appropriate good specialist in this field of knowledge, and such specialist is the patent attorney of course) including filing the same to appropriate authorities in order to get the required certificates, patents, etc.

- strong collaboration with a competent and experienced attorney at law on the stage of registration of appropriate intellectual property if the stage is problematic from the legal point of view and requires special arrangements in order to be successfully completed (including court and other types of proceedings and appeals);

- strong collaboration with a competent and experienced attorney at law after the stage of registration of appropriate intellectual property if further use and/or disposal of the intellectual property as concerning the expert, technical and technological aspects of the issue required in order to argue position in appropriate court and/or other authorities;

- arrangements required in order to maintain the intellectual property existent from time to time.

Accordingly, our Law Firm does not provide registration of various types of intellectual property (trademarks, inventions, utility models, industrial designs, etc.) as far as this work is reasonably to be done much better by appropriate patent attorney. Therefore if you need to register either intellectual property in Ukraine we would advise you to entrust this task to VULIKH & VULIKH PATENT ATTORNEYS GROUP, who are the good and experienced patent attorneys for entire Ukraine. They have begun their professional work yet in year 1992 – the year when the first Laws of Ukraine for industrial property protection were issued, and Patent Attorneys institute was established.

VULIKH&VULIKH includes two senior partners - Marina Vulikh whose registration number is 2 (Marina Vulikh has Certificate No. 2 of Patent Attorney of Ukraine), and Alexander Vulikh, patent attorney, whose registration number is 102, and qualified staff of paralegals, technical assistants, consultants and secretarial workers, who among all the other positive qualities speak very good English. The Group resides in Kharkiv, the largest industrial, scientific and cultural center of Ukraine.

Therewith our Law Firm is proud to offer the following legal services in the field of intellectual property and derivative rights (trademarks, industrial designs, patents, copyrights, etc.) in Ukraine:

- comprehensive legal consulting and advising at the early stage (before starting registration of appropriate intellectual property rights in Ukraine);

- drafting appropriate license contracts and agreements;

- legal protection of intellectual property and appropriate rights of its owners and legitimate users of the same in Ukraine: - court protection, collecting the reasonable financial rewards form violators of the same; - collaboration and motivation of appropriate state authorities, such as police, procurator's office, etc., whose functions and responsibilities also include protection of such rights in order to ensure effective protection and restoration of the violated IP right.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.

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Contacts

Office No. 2-3 (second floor), 9V, Ivana Dubovogo side-street, Kharkov, 61003, Ukraine
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+38 (097) 9501913

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