Intellectual property

A trademark is more than a name or a logo. It is your brand, reputation and intellectual property that needs legal protection. We help businesses and individuals register trademarks in Ukraine and abroad to protect their unique identity and prevent others from using the brand unlawfully.

Our lawyers support clients at every stage of registration:

• preliminary search and checking the uniqueness of the mark;
• preparing and filing the application with the Ukrainian Intellectual Property Institute (Ukrpatent);
• support during examination of the application and communication with state authorities;
• obtaining a certificate for a mark for goods and services;
• advice on international registration of trademarks (via the Madrid Protocol system).

We also help in cases where:

• your brand is already being used without permission;
• the certificate needs to be renewed;
• you want to transfer rights or conclude a licence agreement.

Registering a trademark is an investment in protecting your business that gives you the legal right to own, use and dispose of your own brand. We provide full support throughout the process and make it clear, predictable and as fast as possible.

Intellectual property is often the most valuable asset of a modern business: from software, design and content to brands, creative concepts and know-how. Without proper legal formalisation of rights to the works created, they can be illegally copied by competitors, you can lose control over your own product, or face disputes with former developers or designers. We provide a full range of services to legalise, commercialise and protect copyright and related rights.

Our lawyers support clients at every stage of working with intellectual property:

• registering and recording copyright: securing rights for the company or the authors, and drafting commissioning agreements with employees and freelance contractors;
• drafting rights transfer agreements: drafting and reviewing agreements on the assignment (sale) of economic rights, licence agreements and agreements for commissioned works;
• legal support for content commercialisation: packaging and protecting rights to source code, designs, texts, photo and video materials and marketing creatives;
• fighting piracy and infringements: identifying unlawful use of intellectual property by third parties and preparing and sending cease and desist letters;
• pre-trial settlement and mediation of disputes: negotiating with infringers, calculating compensation and concluding settlement agreements;
• court protection of authors and right holders: representation in court in disputes over compensation for unlawful use of copyright works and protection of business reputation.

We help turn your creative and technical achievements into protected, liquid assets that generate profit and are reliably protected by law.

Effective monetisation of intellectual property requires flawless legal drafting, as every term on the scope of rights, territory or remuneration directly affects the commercial success of a project. Mistakes in the agreement can lead to an unexpected loss of control over a brand, software or content, or to disputes with partners. We create bespoke agreements that clearly allocate responsibilities and protect the parties’ investments.

Our lawyers draft and support agreements of any complexity:

• exclusive and non-exclusive licences: clear terms for granting rights of use tied to duration, territory and methods of commercialisation;
• full assignment agreements: legally clean formalisation of the complete sale of intellectual property, guaranteeing the transfer of all economic rights to the new owner;
• sublicence agreements and franchising: developing multi-level rights transfer models to scale businesses and partner networks;
• agreements with contractors and freelancers (open source and custom development): settling rights to code, design or content created on commission and closing the risks of authorship claims;
• financial terms and royalties: building transparent settlement mechanisms, fixing rates, the frequency of reports and settlements, and penalties for late payment;
• protection of confidential information and know-how: integrating NDA and trade secret provisions directly into transfer agreements.

We prepare reliable legal instruments for transferring and monetising your intangible assets, ensuring the complete legal integrity and security of every deal.

Scaling a business through franchising is one of the most effective ways to enter new markets quickly, but it requires a flawless legal model and detailed regulation of relations with partners. Mistakes in the franchise structure or a poorly drafted commercial concession agreement can lead to the disclosure of trade secrets, loss of control over the brand’s reputation or legal conflicts with franchisees. We provide a full range of turnkey legal support for franchising projects.

Our lawyers support every stage of launching and developing a franchise network:

• developing the franchise structure: adapting the business model to legal requirements and defining the scope of rights, know-how and standards transferred to the partner;
• drafting the commercial concession (franchise) agreement: individual agreements that clearly describe the rights to trademarks, business experience, corporate identity and business technologies;
• legal formalisation of financial terms: transparent mechanisms for calculating and paying the initial fee and regular royalties;
• creating the franchise package (Franchise Book / Brandbook Guidelines): legally integrating the rules for using the brand platform, quality standards and operating manuals into the contractual framework;
• protecting know-how and trade secrets: introducing strict confidentiality regimes, non-disclosure agreements (NDAs) and non-compete clauses;
• support in expansion and dispute resolution: legal support in negotiations with partners, amendments to agreements, extension or safe termination of contracts with franchisees.

We help you scale your business safely and effectively, turning a successful business model into a protected, profitable and easily controlled network.

Unlawful use of trademarks, copying of websites, content plagiarism or software piracy directly threaten a company’s market position and cause financial losses. A fast and firm response to infringements of intellectual property rights makes it possible not only to stop competitors’ unlawful actions but also to recover compensation for the damage caused. We provide effective legal protection of your intangible assets both out of court and in court.

Our lawyers support the protection of rights and the settlement of conflicts at every stage:

• monitoring and detecting infringements: tracking unlawful use of brands, counterfeit products or plagiarism online and on the market;
• pre-trial settlement (claims work): preparing and sending formal cease and desist letters demanding that infringements stop and compensation be paid voluntarily;
• preparing procedural documents: drafting statements of claim, statements of defence and motions to protect copyright, related rights or rights to means of individualisation;
• representation in courts and specialised bodies: protecting right holders’ interests in commercial courts and in dealings with the Antimonopoly Committee of Ukraine (in cases of unfair competition);
• protection before the Board of Appeals and courts in patent disputes: challenging the registration of similar trademarks or the unlawful grant of patents;
• monitoring enforcement and recovering compensation: support in enforcement proceedings and working with the cyber police and state registrars to block counterfeit resources or goods.

We become a reliable shield for your business, stopping any encroachment on your intellectual property and restoring fairness and market balance.

Unfair competition — copying a corporate identity, registering trademarks that are “confusingly similar”, luring customers away with disinformation or unlawfully using someone else’s work — can destroy a company’s reputation and deprive it of its market advantages. Fighting such practices requires combining intellectual property protection tools with competition law. We provide effective counteraction against unscrupulous market players and protect your legitimate interests.

Our lawyers provide a full range of services to stop unfair competition:

• detecting and recording infringements: gathering evidence of competitors’ unfair conduct (monitoring the market, websites, advertising campaigns and product packaging);
• legal qualification of actions: analysing infringements for unlawful use of goodwill, misleading consumers or copying the appearance of a product (trade dress);
• dealing with the Antimonopoly Committee of Ukraine (AMCU): preparing and filing complaints about violations of unfair competition law and supporting investigations;
• claims work and pre-trial settlement: sending formal demands to stop unlawful actions, withdraw counterfeit products and compensate for losses;
• court protection of rights: representing the company in commercial courts to recover damages, lost profits and compensation for unlawful use of brands;
• defence against counter-accusations: legal support and protection of the business against unfounded claims by competitors or regulators.

We help uphold fair rules of the game on the market, protecting the uniqueness of your business and preventing your customers from being lured away by unfair methods.