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IP Market News - July 2023

Crane IP Law Firm Ukraine


Since the beginning of 2023, the Bureau of Economic Security of Ukraine has seized counterfeit alcohol worth $17.8 million

In the first half of 2023, the detectives of Bureau of Economic Security registered 59 criminal proceedings related to the illegal production of alcoholic beverages and alcohol-containing liquids in Ukraine.

According to the results of searches and inspections, the following were removed from illegal circulation:

• 5 lines for the production of liquor and vodka products;

• 375 tons of alcohol-containing liquids, including various types of alcohol-containing products, including alcohol, liquor and vodka products, etc.

• more than 150,000 excise tax stamps with signs of forgery.

The total estimated value of the confiscated goods and material values related to the illegal circulation of vodka products and alcohol amounts to more than $17.8 million.

In order to counter the illegal distribution of alcoholic products and alcohol, the Bureau sent to the National Center for Operational-Technical Management of Telecommunications Networks of the State Service for Special Communications and Information Protection letters of recommendation to block 75 illegal websites selling illegally manufactured products.

                                                      Advertising of tobacco products and electronic cigarettes has been banned in Ukraine

From July 11, 2023, new restrictions on the tobacco market have been introduced in Ukraine.

In particular, advertising of tobacco products, devices for heating tobacco, electronic cigarettes and their liquids is completely prohibited.

The ban applies both to the placement of advertisements on physical media and in the online space and media. It is prohibited to advertise such products through sponsorship, promotional campaigns, sweepstakes, etc.

The liability for the violation is from $550 to $1370 for each fact of advertising on a separate medium.

Also, the sale of tobacco products with aromatic additives and liquids for electronic cigarettes with such additives was prohibited.

In addition, fines have been established for smoking electronic cigarettes in public places and premises by analogy with smoking regular cigarettes; production (except production for export), trade and import for sale in Ukraine of cigarettes containing flavoring additives is prohibited. Such cigarettes, already put into circulation, will be sold for another year.

Ukrainian IP Office clarified the terms of validity of patents during martial law

The Ukrainian National Office of Intellectual Property clarified whether the Law of Ukraine "On the Protection of the Interests of Individuals in the Field of Intellectual Property During the Martial Law Introduced in Connection with the Armed Aggression of the Russian Federation against Ukraine" continues the validity of intellectual property rights on inventions, the term of validity of which expires during the period of martial law and the validity of which can no longer be extended in accordance with the Law "On Protection of Rights to Inventions and Utility Models".

Thus, the term of validity of intellectual property rights to an invention is 20 years from the date of submission of the application. If the application is submitted on the basis of an international application, the term of validity of intellectual property rights to the invention is calculated from the date of submission of the international application.

At the same time, it is provided that in the event that the beginning of the term of extension or maintenance of the validity of intellectual property rights falls on the day of the introduction of martial law in Ukraine or on another date during the period of martial law, the relevant action regarding the maintenance of the validity of the intellectual rights on the object is considered to be committed in time, if it is committed no later than 90 days from the day following the day of termination or cancellation of martial law.

Therefore, the intellectual property object, the term of validity of which expires on the day of the introduction of martial law in Ukraine or during the period of martial law, remain valid until the day following the day after the termination or cancellation of martial law. From the day following the termination or cancellation of martial law, the validity of intellectual property rights may be extended in accordance with the established procedure.

Thus, Ukrpatent came to the conclusion that the provisions of the law on time extensions during war can be applied to those property rights of intellectual property on inventions, the validity of which can be maintained (payment of an annual fee for maintenance of validity) or extended (additional protection of rights to inventions), within the general period of validity of intellectual property rights - 20 years and/or within the period for which the validity of the patent has been extended.

In Uzbekistan, it is no longer possible to produce alcoholic products without a registered trademark

According to the resolution of the President of Uzbekistan "On additional measures aimed at providing the population with high-quality consumer goods", from August 1, 2023, another license requirement is introduced for the production of alcoholic products - the certificate of registration of trademarks of alcoholic products by the Ministry of Justice.

In addition, new models of excise stamps for alcohol and tobacco products will be introduced by June 1, 2023, and excise stamps for sparkling and natural wines will be canceled from July 1.

The national information system for monitoring labeling and product tracking will be integrated with the Digital Data Platform of the "Electronic Government" system. Law enforcement and competent state authorities will be able to use the information contained therein.

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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