Pakharenko & Partners – Intellectual Property and Law Firm

 Main Areas of Practice:

Intellectual Property Rights (IPR) Protection and Enforcement

Pharmaceutical law

Competition law

Antimonopoly law

Media law

Corporate and commercial law

Intellectual Property Rights (IPR) Protection and Enforcement:

Pakharenko and Partners IP and Law Firm, established in 1994, is among the largest and most experienced intellectual property law firms in Ukraine. We are the firm with well-established expertise in the fields of patents, trademarks, copyrights, designs, domain names and the Internet, geographical indications, plant varieties, entertainment, media, trade secrets, unfair competition, and corporate law. Our firm assists the clients in identifying, prosecuting and litigating their intellectual property. These services include obtaining IPR registrations, handling contested proceedings before the Patent Office, courts and other relevant authorities. We also have extensive expertise in domestic and international technology transactions; protection of personal data; licensing of patents, trademarks and copyrights, entertainment and multimedia industry transactions; joint ventures; franchise and distribution agreements; confidentiality agreements and software licenses.

As a firm providing full IP service coverage, we serve our clients’ various intellectual property needs.  We provide legal advice on all aspects of protection and enforcement of intellectual property rights, advise our clients on legal remedies available through negotiation, mediation, arbitration or litigation and represent the interests of right holders before customs, law-enforcement, judicial and antimonopoly authorities.

Protection and enforcement of plant variety rights

We were one of the first firms in Ukraine that became actively involved in the protection of intellectual property rights to plant varieties. Our plant variety practice is focused on a full spectrum of advising on all aspects of the protection of proprietary and non-proprietary rights to plant varieties.

Under the Law of Ukraine “On Protection of Rights to Plant Varieties” the rights that may be acquired by holders of intellectual property rights include:

- personal non-proprietary intellectual property rights in a plant variety (attested by the certificate of authorship in a plant variety);

- proprietary intellectual property rights in a plant variety (attested by a plant patent);

- right to distribution of a plant variety (attested by the state certificate on the state registration of a plant variety).

We offer our clients the legal assistance in administrative and judicial protection of intellectual property rights in the course of resolving disputes arising from the acquisition and use of plant variety rights as well as disputes related to infringement of these rights;

- detection of counterfeit propagation material and planting stock in the Ukrainian market;

- taking measures aimed at pre-trial settlement of disputes; appealing to the police to stop the offense under procedure established  by criminal or administrative law.

We also advice on other related legal issues concerning registration and promotion of plant varieties, protection of breeder’s rights, operation of farmlands and nurseries, market monitoring and licensing agreements, etc.

 Anti-counterfeiting and anti-piracy operations and legal support

Our lawyers have been involved in anti-counterfeiting and anti-piracy activities since the implementation of the relevant provisions on IPR enforcement in the Ukrainian laws. We pride ourselves on an exclusive expertise and experience in this field which is strengthened by our strong international connections with the worldwide network of experts. Pakharenko & Partners is a member of international anti-counterfeiting organisations and is one of the founders of the Ukraine Alliance Against Counterfeiting and Piracy (UAACP), a national anti-counterfeiting coalition aimed at increasing the effectiveness of intellectual property rights holders in the campaign against the trade in fakes in Ukraine and in international commerce with Ukraine.

Our services in this field cover:

- registration of IPRs in the customs register and representation of clients before customs and courts following customs seizures;

- investigations;

- trap purchases;

- sending warning letters and notices to infringers;

- drafting and filing applications to the police in order to initiate criminal actions and cooperation with the police in the preparation for conducting raids;

- legal counseling on anti-counterfeiting and anti-piracy measure and developing anti-counterfeiting and anti-piracy strategies;

- representation in courts in criminal and civil cases brought against counterfeiters.

 Professional team

We will also be happy to assist you with IP-related matters not only in Ukraine, but in the other ex-USSR states, particularly in Russia, Belarus, Moldova, Georgia, Armenia, Azerbaijan, Kazakhstan, Turkmenistan, Tajikistan, Kyrgyzstan, Uzbekistan.

Pakharenko and Partners’ lawyers are highly qualified to address all of their client’s intellectual property needs. The majority of firm’s specialists have degrees in science or in the engineering disciplines. Many also have prior professional experience as engineers or scientists in high-tech industries.

Both litigation and prosecution at the firm are supported by lawyers and scientists with strong technical degrees. These highly knowledgeable professionals enable the firm to handle intellectual property cases of all sizes, regardless of the technology involved. The firm also has a number of non-technical lawyers who specialize in the worldwide protection of trademarks and copyrights.