UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
• a report regarding poll opinion (if necessary). The court fees for filing the statement of claim and a preliminary injunction request are also normally incurred before filing a lawsuit. 7.6 Declaratory Judgment Proceedings and Other Protections for Potential Defendants An alleged infringer may not initiate declaratory judg - ment proceedings. However, the defendant is enti - tled to file a motion requesting the court to oblige the plaintiff to deposit a sum of money into the court’s deposit account. This deposit ensures the possible reimbursement of the defendant’s future litigation costs. Additionally, the court may require the plaintiff who filed for a preliminary injunction to compensate the defendant for any possible losses that may arise from the injunction. 7.7 Small Claims In Ukraine, all trade mark or copyright claims, regard - less of their size or scope, must be resolved through the courts. There are no alternative legal bodies or tribunals that handle these specific types of disputes. 7.8 Effect of Trade Mark and Copyright Office Decisions The IP Office’s decisions have no direct effect on infringement actions. Nevertheless, the court may take such decisions into account when delivering the In Ukraine, a counterfeit mark refers to an unauthor - ised reproduction of a trade mark that is identical or confusingly similar to a registered trade mark, and used in relation to goods or services for which the trade mark is registered. Copyright counterfeiting typically involves illegal reproduction, importation into or exportation from the customs territory of Ukraine, and distribution of pirated copies of works (including computer programs and databases, phonograms, videograms, illegal use of broadcast programming, camcording and internet piracy). final decision on the merits of the case. 7.9 Counterfeiting and Bootlegging
The legal system provides for both civil and crimi - nal remedies against counterfeiting. Civil actions may include injunctions, claims for damages, and the sei - zure and destruction of counterfeit goods. Criminal penalties include fines, confiscation of counterfeit goods, penal labour or imprisonment. Criminal liability also extends to the illegal production, storage, sale or transportation with the intent to sell excisable goods, including alcoholic beverages and tobacco products. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings There are no special procedural provisions for trade mark or copyright proceedings in Ukraine. Currently, such proceedings are considered by civil and com - mercial courts (until the High Intellectual Property Court is established in Ukraine). The respective liti - gation cases are usually assigned to judges with the necessary level of experience in IP disputes. Par - ties do not influence judge selection, which is made automatically by the court case distribution system. A presiding judge or a party may request an IP expert opinion in cases where specific knowledge is required. 8.2 Effect of Registration Only the owner of a registered trade mark and/or the licensee upon the owner’s consent holds exclusive rights to use the mark or to prohibit its use, includ - ing through legal proceedings. Unregistered trade marks may be protected if recognised as well known in Ukraine by the court or the Chamber of Appeals of the IP Office. In addition to judicial protection, it is also possible to approach the Anti-Monopoly Committee of Ukraine with a request to protect against unfair competition. For more details, contact a local attorney. An infringement claim generally depends on whether the alleged infringer’s use of a mark is likely to con - fuse consumers. Therefore, the use of the same or similar mark on the same or related goods/services is
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