Іntellectual property rights

PROFIT-CONSUL Law firm provides the following services in the sphere of intellectual property protection:

- registration of rights of industrial property units;

- preparation and registration of agreements on creation and transfer of rights of industry property units;

- pre-trial solution of disputable matters caused by the infringement of patens holders' rights;

- interest intermediation and protection of rights to all industry property units in courts and public agencies while negotiating;

- compensation of property and non-property losses caused by unlawful use of industry property units;

- monitoring of infringements of trademark owners' rights and patens, copyright abuse;

Untraditional intellectual property

In the process of the economic activity and the development of a company such items of intellectual property as know-how, business experience, and secret information are inevitably created as well as the enterprise's business reputation is formed growing strong. The creation of such items requires significant material and intellectual investments and in the result they are very often the subject matter of interest of rivals who can use such items applying to ways forbidden in the business practice.

Irreparable use of a company's commercial secret information, as well as technical and commercial decisions, application of methods of unethical competition by rivals can damage a company.

In order to prevent losses of property and non-property we advise you to make use of the possibilities envisaged by Ukrainian legislation, as well as informal methods of protection against unethical actions of your rivals.

We offer you the following services in this sphere:

• preparation of agreements on the confidential information use;
• prevention to disclosure of such information by control and supervisory authorities, which they are aware of in view of performing their functions;
• consulting on possible forms of information and know-how preservation, protection and use;
• protection against unethical competition;
• interest intermediation in courts, Anti Monopoly Committee, other agencies;

Compensation of losses caused by misuse of secret information, trademarks, other ways of unethical competition such as price conspiracy, dumping resulting from the dominant position at market.

Means of individualization of participants of the commercial turnover:

We recommend all entrepreneurs to make use of the complex of services for legal implementation and protection of trademarks right and other means of individualization. Appropriate and full-scale exercise of such rights will receive confidence and absolute advantage when disputes arise caused by misuse of your trademark.

The significant advantage and possibilities will arise upon filing the application for the trademark registration, but Certificate of service and trademark or concession of your trademark priorities will ensure your victory in any at-trial proceedings, the subject matter of which is the infringement of the trademark right.

• We offer you the following services to prevent infringements and protect your business:
• registration of trademark and service right (trademark, trade name, brand etc);
• search of the registered trademarks;
• preparation and registration of handover agreements, licensing agreements, franchising agreements;
• assistance in pre-trial solution of disputable matters related to effecting payments on all sorts of agreements in case of misuse of the trademark;
• interest intermediation and protection of owners' rights in courts, specialized government agencies (Institute for industrial property, anti-monopoly committee) while negotiating;
• compensation for moral and material damage caused by such use.

Obtainment of Trademark and Service Certificate guarantees the owner of certain right and puts certain obligations on other persons, determined by the international and native legislation.

Having registered trade and service mark you get the following advantages and possibilities:

• exclusive ownership right to any (graphical, verbal, combined) identification of goods and services;
• right to use the registered mark at your own discretion - place it on a wrapping, transfer right of exploitation to other persons;
• right to call on other persons to discontinue use of the registered mark and demand the compensation of damage by judicial means or through anti-monopoly committee;
• right to apply measures of administrative and criminal responsibility to the violators;
• put preventive marking TM (Trade Mark - mark being registered) or R (Registered mark); register a word mark as a domain name in UA zone.

So, in case of occurrence at market of good or firm with identical mark, you will have an absolute advantage and confidence in fight with unscrupulous competitors.