INTELLECTUAL PROPERTY PROTECTION. TRADE MARK REGISTRATION AND OTHER UBC SERVICES

Intellectual property as a business asset

A name, logo, software code, product design, technical solution, database or commercial method often creates more value for a company than equipment or an office. The earlier UBC overview covered not only registration of rights but also their use: licensing, protection against copying, action against infringers and incorporation of intangible assets into the company's commercial model.

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Industrial property and contractual work

Areas of support included filing applications for industrial-property objects, preparing agreements on creation and transfer of rights, licence and franchise agreements, pre-litigation dispute resolution, representation before courts and public authorities, and claims for compensation for pecuniary and non-pecuniary loss.

For business in Ukraine, registration is only the beginning. It is necessary to determine who owns the results created by employees and contractors, whether the company may modify and transfer the created work or object, in which countries protection is required, and who controls renewal dates for certificates and payment of fees.

Monitoring infringements and negotiations

Company Incorporation in Ukraine

A rights holder may monitor the appearance of counterfeit products, use of similar signs, and copying of designs, content or technology. Sources of information include the market, advertising networks, online platforms, customs and court data, and reports from distributors and customers. Evidence must be collected lawfully so that the materials can be used in a claim or court proceedings.

Once an infringement is identified, two scenarios are possible. The first is a demand to stop the use, withdraw the goods, compensate losses and correct false information. The second is a commercial settlement through a licence agreement where the use can be legalised on terms acceptable to the owner.

Know-how, trade secrets and business reputation

Not all valuable results are registered. Non-traditional assets include know-how, production experience, customer and pricing models, internal methods, process sheets and other confidential information. Protection begins with an internal regime: data classification, access restrictions, logging of file transfers, trade-secret policies and non-disclosure agreements.

Relationships with employees, consultants and suppliers should be documented so that confidentiality obligations apply not only during cooperation but also after it ends. Rights to employee-created works, inventions, databases, designs and software are defined separately.

Trade marks and means of individualisation

A trade mark helps a consumer associate the quality of goods or services with a particular business. Before filing an application, it is advisable to search for identical and similar signs, define the list of goods and services, check domain names and assess whether a word, figurative or combined mark can be registered.

International Trade and Market Entry

A certificate gives the owner the right to use the mark, permit others to use it, object to similar signs and demand that infringement cease. For international business, the strategy should cover not only Ukraine but also the countries of production, sales and logistics and the main online markets.

Procedure

• inventory names, logos, content, software, technologies and agreements;
• identify the authors, creation date and chain of title;
• determine what should be registered and what should be protected as a trade secret;
• file applications and prepare agreements with employees, contractors and partners;
• set up market monitoring and a procedure for responding to infringements;
• conduct IP due diligence before a transaction, investment or sale of the business.

Professional support may cover registration, licensing, negotiations, claims work, court representation and valuation of intangible assets. For advice: info@ubc.ua.