UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
The court determines compensation based on the extent of the infringement, the infringer’s fault and other factors. It cannot be less than the fee that would have been paid for permission to use the trade mark. If the infringement was unintentional and not negligent, the compensa - tion equals that fee. Copyright The copyright owner has the right to seek legal protection and demand compensation for dam - ages caused by copyright infringement, includ - ing lost profits or profits earned by the infringer, or to claim compensation. When determining the amount of compensation, the court considers: • the duration and systematic nature of the infringement; • the extent of the violation (including the geo -
to pay all or part of the litigation fees, regardless of the dispute’s outcome. 10.4 Ex Parte Relief A trade mark or copyright owner cannot seek relief on the merits of an infringement case with - out notifying the defendant, as required by the procedural laws of Ukraine. Typically, the court issues a writ of summons or a subpoena to the defendant. However, the court may issue a pre - liminary injunction ex parte, without prior noti - fication to the defendant. Additionally, during criminal proceedings, an infringer may not be notified about the seizure of counterfeit prod - ucts. 10.5 Customs Seizures of Counterfeits or Parallel Imports Current Ukrainian law enables customs to seize counterfeit goods. To facilitate the identification of possible counterfeits at the border, a trade mark or copyright should be registered with the Customs IP Registry of Ukraine. Upon detecting infringing products, customs officials must immediately notify a representative of the trade mark or copyright owner and tem - porarily suspend the customs clearance of such goods. This suspension period lasts for ten busi - ness days and can be extended by an additional ten business days upon a reasonable request. During this period, the trade mark or copyright owner may take defensive actions, including: • filing a court action, which includes an application for a preliminary injunction to halt customs clearance of the infringing goods, and a statement of claim for infringement of IP rights at the customs border; and • requesting the customs authorities to either destroy the counterfeits or remove the infring -
graphic scope of its distribution); • the economic sector involved; • the intentions of the infringer; • culpability and its forms; and • other objective circumstances. 10.3 Attorneys’ Fees and Costs
Initially, the plaintiff pays the court fees to com - mence the proceedings. As a rule, the losing party must reimburse these court fees to the prevailing party. Regarding attorneys’ fees and other litigation expenses, reimbursement by the losing party is contingent upon a court ruling concerning the distribution of these expenses. If a party or its representative abuses procedural rights, or if the dispute arises from the party’s bad faith actions, the court may order such party
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