Legal protection and assistance before all courtsand the courtsin Ucraina.

 

Insays: 

• Protection and otherslegal assistance before all courtsand the courtsin Ukraine.

• Assistance and defense before the arbitration courts in Ukraine. 

• National, community and international trademark registration in Ukraine.  

• Anti-plagiarism and counterfeiting protection in Ukraine. 

 

Overallsand legal assistance before all courtsand the courtsin Ucraina.

This Consulting includes legal defense among its characterizing activities​of foreign entities before all courts, tribunals and arbitral tribunals of Ukraine. Typical activities include legal and commercial defenses (product disputes, debt collection, payments, contracts, sales, shipments including customs), family law including divorces, maintenance, custody of minor children even following abductions international minors in Ukraine. The firm supports the claims of its clients before all Ukrainian courts and counters the counterparty's requests from the point of view of Ukrainian, international, community and integrated legislation in the best sustainable defense. Furthermore, LegalGB Law Firm attends and defends before the Ukrainian commercial and arbitration courts and the Kiev International Arbitration Court.

The activities can be summarized:

cognizance cases before all courts of Ukraine;

appeal before all courts in Ukraine;

appeal before the Court of Cassation in Ukraine;

civil cases before all courts of Ukraine;

suits for non-compliance before all courts of Ukraine;

family law cases on divorce in Ukraine;

causes of custody of children, maintenance and economic relationships

property claims before all courts of Ukraine;

debt collection before all courts of Ukraine;

dispute cases brought before all courts of Ukraine;

administrative law cases before all courts of Ukraine;

commercial law cases before all courts of Ukraine;

contract law cases before all courts of Ukraine;

appeal for the return of children due to international child abduction in Ukraine;

movable, real estate and third party executions of foreign and Ukrainian judgments;

defense in the field of criminal law before all courts and tribunals of Ukraine;

recognition of sentences abroad/Ukraine and vice versa;

review of sentences in Ukraine;

any judicial activity before all courts and tribunals of Ukraine.

 

Assistance and defense in arbitrations in Ukraine.

LegalGB Law Firm has been following arbitration cases before the International Arbitration Court of Ukraine for years.  International arbitration in Ukraine has developed a practice that meets international standards and makes arbitration jurisdiction in Ukraine easier and more rewarding.

Permanent arbitral tribunals and arbitral tribunals for resolving specific disputes operate regularly in Ukraine. The majority of arbitrations are carried out by permanent arbitral tribunals, including the one located in Kiev at the National Chamber of Commerce and Industry of Ukraine called ICAC.

As regards the validity of arbitration agreements, the court must decide the issue with the utmost speed and economy, giving the arbitrators the opportunity to make a complete and exhaustive decision based on specific expertise and certified by proven experience.

In accordance with the Law of Ukraine of December 2, 1997 on international arbitrations in Ukraine, there are two permanent arbitration institutions in Ukraine. The International Court of Commercial Arbitration (“ICAC“) and the Maritime Arbitration Commission both have their offices in the Ukrainian Chamber of Commerce and Industry.

Over the past five years, ICAC has concluded no fewer than 3,000 cases, and in 2020, 341 international cases. Businesses from more than 58 countries resort to the proven activity of the ICAC and submit their disputes to this institution, with specific provision of jurisdiction in the case of disputes in Ukraine. Today, ICAC considers more than 90% of cases within 6 months. The ICAC has its decisions officially recognized in 119 countries around the world.

The new procedural law of Ukraine allowed Ukrainian state courts to support arbitration as an alternative and simplified procedure, in particular, adopting provisional and urgent measures for security of evidence, security for claims and security for costs.

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Registration of a national, community or international trademark.

The firm carries out all the activities necessary for the registration of a national, community or international trademark. This activity requires a high degree of precision in all its phases and more precisely:

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1. research phase: before registering a trademark it is necessary to verify in the national, community and international archives that there are no other similar or potentially conflicting trademarks and that the trademark to be registered actually presents the characteristics of distinctiveness, novelty, originality and lawfulness;

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2. trademark classification phase: during the registration procedure it is essential to understand which class of products or services the trademark to be registered refers to. To this end, the Firm, according to the actual protection needs of the Client, determines according to the Nice International Classification of Products and Services to which class the product or service actually belongs;

 

3. registration phase: the firm provides for the actual registration of the national, community or international trademark.

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To summarize: regarding what has been stated on the point of trademark registration and protection, the Firm has extensive knowledge of the relevant law in Ukraine and is authorized in Ukraine to exercise all the rights of clients before all courts and tribunals. If necessary, the firm can present requests, appeals, produce documents and certificates, validate registers, register individuals, partnerships and applications.  The Firm also has the right to extract, forward and request certificates and copies on the socioeconomic status of any public or private entity.  

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Actions against counterfeiting and plagiarism of the brand and product. 

As for the litigation phase, the litigation department on the subject of plagiarism, anti-counterfeiting and mere servility, of the international law firm for Ukraine LegalGB Law Firm LLC, is responsible for protecting the Client who sees his rights violated in an illicit manner by part of a third party, not in Ukraine or in Ukraine, taking any necessary action, whether injunctive or compensatory.

The Civil Code in force in Ukraine, starting from chapter 35, regarding the "provisions on intellectual property law", articles. 418 and following, place strong protection in favor of the value of intellectual property rights and property rights pursuant to art. 16 of the same Code. Furthermore, Ukrainian legislation regarding the protection of copyright and trademark activity provides clear chances of success in cases of plagiarism and mere servility.

Plagiarism in both Ukraine and non-Ukraine is defined as the partial or total attribution of the words, ideas, research or discoveries of others to oneself or to another author, regardless of the language in which they are officially presented or disseminated, or in the failure to cite sources. Plagiarism can be intentional or the effect of non-diligent conduct.

Counterfeiting also in Ukraine means the violation of an intellectual property right perpetrated through the illicit reproduction of a good and the related marketing "uti origines", in violation of an intellectual and/or industrial property right (trademarks and other distinctive signs, invention patents, utility models, industrial design, geographical indications, designations of origin, copyright, etc.).

In a broader sense, the notion in question refers to the illicit conduct of unauthorized production and marketing of goods bearing a trademark identical to a registered trademark, including the production of goods which constitute illicit reproduction of products covered by copyright, a phenomenon better known as "piracy", of models and drawings.

The damage caused by the phenomenon to the legal economy in Ukraine is enormous, profoundly impacting both public and private interests.

Firstly, conduct of this kind represents a disincentive to innovation, causing damage to companies that operate legally both in Ukraine and outside Ukraine. 

From this perspective, the damage to virtuous companies connected to lost sales, reduction in turnover, loss of image and credibility, and the significant expenses incurred for the protection of industrial property rights should not be underestimated.

Furthermore, counterfeit products, being manufactured outside of legal channels, debase the brand and do not guarantee compliance with the production and compliance standards established at national and European level, with obvious possible negative consequences in terms of consumer safety. 

The firm is also responsible for providing post-registration services, including the execution of the obligations for the transfer and modification of ownership of the trademark or rights established over it.

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