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IP Market News - November 2023

Crane IP Law Firm Ukraine


The Antimonopoly Committee fined the Ukrainian manufacturer for imitating the design of the packaging of the medicinal product

The Antimonopoly Committee of Ukraine fined DKP PHARMACEUTICAL FABRYKA LLC for improperly using the design of the packaging of the drug "KORVALAZID", similar to the design of the packaging of the drug "KORVALOL" of another Ukrainian pharmaceutical company FARMAK JSC.

The Committee started the case on the basis of a statement from FARMAK, which complained about the competitor's actions. According to the applicant, the competitor used the design of the packaging of the drug "KORVALAZID", which is similar to the degree of confusion with the design of the packaging of the drug "KORVALOL", which has been present on the market for a long time.

At the same time, FARMAK did not grant permission to use a similar design of the packaging of the medicinal product "KORVALOL".

The Antimonopoly Committee recognized that such actions could lead to mixing the activities of both companies and give DKP FARMACEVTYCHNA FABRIKA unfair advantages in competition due to the use of someone else's business reputation.

The Antimonopoly Committee imposed a fine of UAH 485,387 ($13,400) on the infringer.

Decisions of Ukrainian courts will be available in WIPO Lex-Judgments

The Supreme Court of Ukraine and the World Intellectual Property Organization signed a Memorandum on the WIPO Lex-Judgments Database. Ukrainian court decisions will be available in the international intellectual property database.

The WIPO Lex-Judgments initiative was created by WIPO in 2020 and aims to collaborate and disseminate key judicial decisions in the field of intellectual property through a relevant database maintained by WIPO.

The service provides access to the most significant court decisions on intellectual property of various countries around the world. These decisions have been selected by the courts of each member state themselves because of their relevance, importance or as precedent decisions.

From now on, Ukraine is also granted access to enter court decisions and relevant information into the WIPO Database.

At the same time, the Supreme Court of Ukraine selects court decisions for inclusion in the specified Database at its own discretion, mainly using the following non-cumulative criteria:

• final decisions on the merits of the case, adopted by the court;

• decisions establishing precedents or persuasive interpretations for future decisions;

• decisions cited in other decisions or otherwise highly regarded by academics or the legal community;

• decisions that have a significant impact on the subject of the dispute (for example, issues that have arisen in connection with the latest technological developments or relate to the impact on the economic sector).

 

The Ukrainian IP Office resumed accepting of applications for state registration of copyright

On November 24, 2023, the order of the Ministry of Economy of Ukraine On approval of the Procedure for state registration of copyright and agreements relating to property rights to a work entered into force.

This allowed the IP office to resume accepting of applications for state registration of copyright and agreements related to property rights to the work.

In particular, new forms of applications for state registration were approved by order of the Ministry of Economy.

 

Crane IP Law Firm



About the Firm

Crane IP Law Firm

Address34-V Radystiv str., ap. 35, Kyiv, 02089, Ukraine
Tel380-44-355 5557
Fax
Contact PersonIvan Nikitchenko
Emailinfo@craneip.com
Linkhttps://craneip.com


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