IP Market News - June 2023

Crane IP Law Firm Ukraine

Kazakhstan raises fees for TM registration and maintenance of Eurasian patents by 50%

From July 10, 2023, the National Institute of Intellectual Property of Kazakhstan (Kazpatent) will introduce new fee rates for actions related to trademarks.

Currently, the state fee for submitting an application containing up to three classes of ICGS is 60,599.84 tenges (approximately 140 USD). After the increase, the fee will be 91,000 tenges (approximately 205 USD).

The cost of trademark renewal will increase to 145,716.5 tenges (approximately 330 USD), compared to 97,144.32 tenges (approximately 220 USD) today.

Also, the Office divided fees for maintaining the validity of rights for patents issued according to the national procedure and Eurasian patents into different tariff grids.

If the fees for national patents remained unchanged, the cost of maintaining the validity of Eurasian patents on the territory of Kazakhstan increased significantly.

So, if now the fee for maintaining the validity of patents for 1-3 years is 20,320.16 tenges (approximately 46 USD) for legal entities (for each year), then from July 10, it will be 32,060 tenges (approximately 72 USD). For 21-25 years, the fee after the increase will be 267,930 tenges, which is approximately 600 USD (for each year) compared to 159,875.52 tenges nowadays (approximately 360 USD).


The State Consumer Service of Ukraine will be able to limit access to websites that engage in unfair business practices

On June 10, 2023, the parliament of Ukraine adopted the government draft law on consumer rights protection. The law implements EU directives and regulations in the field of consumer protection into Ukrainian legislation.

The new law, in particular:

- defines the concept of an electronic trading platform (marketplace);

- defines the concept of an electronic product comparison service (price aggregator);

- defines the rights and obligations of consumers in electronic commerce;

- introduces the responsibility for the availability of information related to data on business entities selling products on the websites of the marketplace and price aggregator;

- extends the effect of the law to the field of food products in terms of the economic rights of the consumer (in case of violation of the terms of the contract of sale (delivery) of food products in online stores, when marking the sale price of food products).

The State Consumer Service has the right to apply to the internet service provider to restrict access to the website (parts of the website, software) of business entities that use unfair business practices, violate consumer rights protection legislation, etc.

Also, an opportunity has been created for public associations of consumers to conduct research on the level of quality and safety of goods, works and services on the consumer market, at the same time, helping businesses.

Public associations of consumers are exempted from paying court fees in all court instances in cases related to the protection of consumer rights, including in relation to an undefined circle of consumers.

Ukraine introduces a system of electronic excise stamps

The Ukrainian parliament adopted a draft law introducing an electronic excise stamp, which makes it possible to trace the circulation of alcoholic beverages, tobacco products, and liquids used in electronic cigarettes by electronic means.

The e-mark will provide an opportunity:

- track the movement of alcohol, tobacco products, and liquids for electronic cigarettes from the manufacturer/importer to the final consumer;

- control the completeness and timeliness of payment of excise tax for such goods;

- identify products and check the legality of the product's origin will be able by every citizen.

The electronic excise stamp will have a two-dimensional DataMatrix code. Such a mark can be read even in case of physical damage to the surface of the code up to 30%.

Manufacturers and importers will be able to independently generate an electronic excise stamp in the eExcise digital traceability system and apply it to each bottle of alcohol or pack of cigarettes. These codes will be grouped together and applied to blocks, boxes, or crates.

Also, the creation of the Electronic Excise Goods Circulation System will ensure electronic interaction between state bodies and business entities.

The adopted law also introduces the eExcise traceability system using Track and Trace technology. The traceability system will be similar to the European Tobacco Track & Trace system, which has been in effect in the EU since 2019. The eExcise system will store information about each unique identifier applied to products. With its help, you can fully reproduce the history of the movements of each specific product. Tracking will allow you to monitor the current location and record all product movements. Tracing will make it possible to check the route of the product right from production.

The system should start working in 2026.

The Supreme Court confirmed the fine for false advertising imposed on Vodafone Ukraine

On June 7, 2023, the Supreme Court rejected the cassation appeal of VF Ukraine PJSC against the decision of the Antimonopoly Committee regarding a fine of 1.76 million UAH ($50 thousand) for false information in advertising.

In 2021, the Antimonopoly Committee of Ukraine recognized as a violation of the law "On protection against unfair competition", the distribution by mobile operator Vodafone in advertising of its own actions "Get money in a smartphone. Buy a promotional smartphone and get UAH 100 for a bonus account", "Buy a smartphone - get up to UAH 1000 for 4G Internet", "Cashback up to UAH 1000 for communication to all smartphones" and "Buy a smartphone - get a discount of up to UAH 1000 for 4G Internet" of misleading information, by informing an unspecified circle of persons of false information about charging subscribers a discount/cashback in the form of money and incomplete and inaccurate information, as a result of concealment of certain facts.

In particular, the operator did not provide information about automatic deductions of bonus funds for the subscription fee and other additional services, according to the selected tariff plan, did not warn about the obligation to connect to separately defined tariff plans to activate promotions: "Gifts for loved ones", "Cashback for smartphones ", "Powerful smartphone from Vodafone", during which statements were spread:

"Buy a smartphone - get up to UAH 1,000 for 4G Internet",

"Cashback up to UAH 1,000 for calls to all smartphones",

"Buy a smartphone - get a discount of up to UAH 1,000 on 4G Internet."

Also, the operator did not warn about the ban on changing tariff plans. Such actions of the company could influence the intentions of a certain circle of people to purchase the goods and services of VF Ukraine PJSC.

Crane IP Law Firm

About the Firm

Crane IP Law Firm

Address34-V Radystiv str., ap. 35, Kyiv, 02089, Ukraine
Tel380-44-355 5557
Contact PersonIvan Nikitchenko

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