Intellectual property and brand protection
Practice
Intellectual property and brand protection
For modern business, intellectual property is not only a means of legal protection against unlawful use or copying, but also a valuable commercial asset that can generate additional revenue, create competitive advantages and strengthen a company's market position.
DEGA Partners advises Ukrainian and international companies on the protection, management and commercialisation of intellectual property. Our expertise covers trademarks, brands, copyright, software, industrial designs, domain names and the protection of rights in the digital environment.
We support clients at different stages of using intellectual property - from legal audits and registration of rights to developing licensing models, managing IP assets, protecting brands in distribution networks and countering infringements in online and offline sales channels.
Combining expertise in intellectual property, commercial relationships, competition law and litigation allows us to handle complex situations involving counterfeit products, parallel imports, misuse of trademarks, domain name disputes, marketplace infringements and unfair competition.
We view intellectual property in the context of the client's business - as an asset that requires proper legal registration, effective management and protection against real market risks.
Services
Key areas of support
Development and implementation of brand protection strategies in online and offline channels.
Trademark registration, trademark portfolio management and registration of rights to other intellectual property.
Copyright protection, including software, digital products and other copyright works.
Legal protection of industrial designs.
Structuring ownership and use of IP assets, licence agreements, transfer of rights and commercialisation of intellectual property.
Legal support for the use of intellectual property in corporate structures, investment transactions and intra-group relationships.
Countering misuse of trademarks, brands and other intellectual property.
Protection of intellectual property rights against counterfeit products and legal support on parallel import issues.
Brand protection in distribution networks, e-commerce and on marketplaces.
Resolution of domain name disputes and protection of trademark rights in domain names.
Countering infringements in search advertising, including Google Ads, and other digital advertising channels.
Preparation of cease-and-desist demands, interaction with online platforms, hosting providers and domain name registrars.
Legal support for customs mechanisms of intellectual property protection.
Protection against unfair competition related to the use of brands and other intellectual property.
Pre-trial settlement of IP disputes, court representation and protection of rights in criminal proceedings concerning intellectual property infringements.
Key experience
Our cases and projects
Legal audit of a company's intellectual property
Comprehensive legal audit of the client's intellectual property to identify legal risks associated with its use in business operations. The work included reviewing the scope of legal protection of IP assets, analysing the legal grounds for owning and using the relevant assets, assessing risks and preparing recommendations on mitigating them and on further protection.
Protection of trademark rights in criminal proceedings
Representation of right holders in criminal proceedings concerning unlawful use of trademarks under Article 229 of the Criminal Code of Ukraine. Legal support covered building the legal position, protecting the interests of trademark owners and supporting procedural actions aimed at establishing the circumstances of the infringement and protecting the relevant rights.
Court protection of an international brand and transfer of a domain name
DEGA Partners represented an international home appliance manufacturer in a dispute over unlawful use of its trademark in a domain name and on a website presented as the brand's official resource. The legal position covered infringement of trademark rights, misleading consumers about the seller's official status and the negative consequences for the right holder's business reputation.
Following the court proceedings, the unlawful use of the trademark was prohibited, the domain name was ordered to be transferred to the right holder and compensation was awarded for non-pecuniary damage to business reputation. The judgment has entered into force and has been enforced.
Comprehensive brand protection in the home appliance market
Ongoing legal support for international home appliance companies on protecting intellectual property and commercial interests on the Ukrainian market.
The work covers countering misuse of trademarks and brand materials, analysing e-commerce infringements, advising on counterfeit products, parallel import risks and unfair market practices. Particular attention is paid to practical mechanisms for stopping infringements in relationships with sellers, trading platforms and other market participants.
Structuring IP assets for corporate and tax purposes
Legal support for structuring the ownership and use of intellectual property as part of the corporate organisation and tax planning of the business.
The work included analysing the IP asset portfolio, determining the optimal ownership and licensing model, and working through royalty and intra-group use of rights issues. The structuring took into account the interplay of corporate, tax and IP regulation, as well as the client's commercial objectives.
Consultation
Discuss your legal matter with the DEGA Partners team.
Describe the situation - we will define the next step, the practice involved and the format of further work.
- Protected by attorney-client privilege
- Reply within one business day