The development, management, and protection of intellectual property have become increasingly crucial to business success. Companies are acting aggressively to protect intellectual property rights at a time when these rights have been subject to greater scrutiny and higher standards of proof in litigation.nFrom high-stakes legal challenges in TM or other IP disputes to business decisions involving intellectual property strategies, quantitative economic analysis now plays an essential role.
Our IP practice advises on all aspects of creation, exploitation and enforcement of intellectual property rights. Working in partnership with clients, we help them take advantage of the many opportunities available both in Ukraine and the region whilst minimising their business risks as well as protecting their IP rights.
We represent brand owners in disputes covering the full spectrum of IP rights. These range from complex patent actions to all forms of disputes relating to trade marks, domain names, passing-off, copyright, database rights and breach of confidence claims. We advise on parallel imports and counterfeit goods as well as on trademark infringement and passing off disputes relating to Internet.
An important part of our practice involves advising on trademark licensing, distribution agreements and franchising deals. Our specialists deal with licensing, collaboration, and research and development agreements and provide strategic advice in managing and commercializing patent and trademark portfolios.
We have a pre-eminent reputation for transactional IP work including advising on M&A, disposals and joint ventures where technology or brands are integral to the transaction, structure or value. This includes advising clients on the assessment of IP portfolios, the creation and enforcement of security interests over intellectual property and sophisticated licensing structures.
Our firm represents a diverse roster of clients, from multinational corporations to cutting-edge start-up companies. Whether we are acting as counselors or high-stakes litigators, Eterna Law is committed to obtaining our clients’ desired results promptly and efficiently. We constantly examine the strategy at each phase of the case until its resolution. We also ensure that our cases are staffed with the right team of lawyers and personnel, which offers clients both cost-efficiency and a dedicated team backed by the strength and resources of one of the nation’s premier law firms.
Our services among others include:
• Protection of registered and unregistered IP rights including patents, brands, trademarks, copyrights, designs, confidential information, as well as trade names and personal rights
• Representation of clients in judicial disputes before civil and administrative courts, before the Ukrainian Patent Office, as well as in mediation and arbitration proceedings relating to IP rights
• Representation of clients in proceedings relating to urgent interim injunctions
• Representation of clients in alternative dispute resolution relating to Internet domains, including representation before the WIPO Mediation and Arbitration Center
• Combating anti-counterfeiting practices, including application of preventative measures and initiation of judicial proceedings on the basis of civil and criminal law
• Combating practices involving look-alike products
• Advising in relation to advertising and marketing issues relating to brands and other intellectual property rights, including advice on comparative advertising and unfair advertising issues across many industry sectors
• Providing advice in relation to issues connected with rights to databases, as well as other intellectual property rights connected with software and Internet-based technologies
• Commercialization of intellectual property rights by means of licensing, joint venturing or otherwise
• Sponsorship, publishing and commercial agreements involving the exploitation of IP rights
• Advising on IP aspects of M&A transactions