UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
6. Assignments and Licensing 6.1 Assignment Requirements and Restrictions In Ukraine, only a registered trade mark may be assigned. If a trade mark application is under examination, it is possible to assign the right to obtain the certificate (assignment of the applica - tion). The assignment agreement for a registered mark is subject to mandatory registration by the IP Office. A copyright may be assigned for an actually cre - ated (existing) work. The copyright and trade mark assignment agree - ments must be concluded in writing. Partial assignments of trade marks or copyrights are permitted. A mark may be partially assigned provided that no similar goods and services remain in the trade mark registration subject to partial assignment. The proprietary rights to the work may be trans - ferred (alienated) to another person based on the law or legal transaction entirely (for all meth - ods of using the work worldwide) or partially (for specific methods of using the work worldwide or for all or specific methods of using the work in certain countries). The rights to a trade mark and copyright can be inherited. 6.2 Licensing Requirements or Restrictions Licences may be issued only in respect of reg - istered trade marks or actually created works.
(those whose satisfaction depends on the satis - faction of primary claims). The court may join multiple cases into a single proceeding if a claim is filed by: • the same plaintiff against the same defend - ant; • the same plaintiff against different defend - ants; and • different plaintiffs against the same defend - ant. A claim for revocation/cancellation and infringe - ment may be filed within one proceeding, or dif - ferent claims may be filed with one court and subsequently joined into one proceeding. However, claims that fall under different types of court procedures cannot be joined into a single proceeding. For more details, contact a local attorney. 5.8 Measures to Address Fraud National legislation does not provide for a spe - cific procedure for terminating trade marks or copyrights that were filed fraudulently and for special liability for such actions. However, at the registration stage, an opposition may be filed in cases where the mark may be misleading as to the person producing the goods or providing the services, if filed for registration on its own behalf by an agent or representative of the person using a mark in a foreign country, etc. Upon consideration of such opposition, the trade mark may be refused. The registered trade mark may be declared inva - lid if the filed application violates the rights of other parties.
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