UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
The registration of licences is not mandatory and may be performed upon the request of one of the interested parties. Trade mark and copyright licences must be concluded in writing. It is possible to issue different types of licenc - es, including exclusive, non-exclusive and sole licences. A licence for a trade mark or copyright may be issued for the full term of protection of the respective object but may not exceed this term. Trade mark applications cannot be licensed. 6.3 Registration or Recording of an Assignment or Licence The assignment agreement regarding a trade mark must be registered with the IP Office, while registration of the copyright assignment is not mandatory. Registration of licence is not mandatory for trade marks and copyright. The assignment agreement relating to trade marks will become effective for third parties, including courts and governmental authorities, from the date of its registration by IP Office. 7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits The general limitation period is three years unless a special limitation period is established. This period commences from the day when the person learned or could have learned about the infringement of their rights or about the person infringing those rights. A special limitation peri -
od is not envisaged for trade mark or copyright infringement actions. 7.2 Legal Claims for Infringement Lawsuits and Their Standards Legal Claims For trade mark protection, such claims may include: • prohibition of unauthorised use of a trade mark; • removal from goods/packaging of unlawfully used trade marks, and destruction of manu - factured images of a trade mark or confus - ingly similar designations; and • declaration of invalidity of a trade mark cer - tificate. For copyright protection, claims may include: • recognition of copyright; • restoration of the situation that existed prior to the infringement; • cessation and/or prohibition of actions that infringe copyright or pose a threat to their infringement; • termination of preparatory actions for the infringement of copyright, including by suspending customs procedures if there is reason to believe that pirated copies of works, phonograms, videograms, and means of circumventing technological protection of copyright, etc, might be admitted into or from the customs territory of Ukraine; • publication, at the infringer’s expense, in the mass media of information about committed infringements of copyright and court deci - sions regarding these infringements; and • implementation of other measures provided by law related to the protection of copyright.
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