A Counsel at “Spenser & Kauffmann” Attorneys at Law told about protection of intellectual property rights from digital – violations.
Usage of another brand names in metatags, of contextual (Google Adwords и Yandex.Direct)and banner advertising (pop-up, pop-under), – such disputes of intellectual property infringement are not very common in Ukrainian Courts. However, the situation may change dramatically in the near future.
During the round-table, facilitated by the International Trademark Association in Ukraine, a Counsel, Head of Intellectual property Practice at “Spenser & Kauffmann” Attorneys at Law Tatiana Kharebavatold about unconventional methods of using other IP objects.
Round-table, dedicated to the discussion of intellectual property rights protection as well as the fight against counterfeit in the Internet was held in Kyiv with the support of the State Intellectual Property Service of Ukraine. Representatives of governmental agencies, leading law firms as well as experts in fighting with counterfeit participated in the round-table.
Ms. Kharebava analyzed cases from domestic litigation and mentioned that compared to Europe and USA, in Ukraine such cases are not so popular. “However after full implementation of “Ukraine-EU Association Agreement the situation may change dramatically”. Thus, we need to study approaches of International courts even now, in order to avoid “recreating the wheel” and making the same legal mistakes, – says Ms. Kharebava.
As an example, she described the situation with «Louis Vuitton vs. Google». Louis Vuitton tried to prohibit through the Court the search system to use the brand name as key words for contextual advertising. According to Ms. Kharebavа, Louis Vuitton won the Court case in France, but EU Court of Justice cancelled the court decision and found Google as a party not related to intellectual property infringement because it provides technical opportunities for business promotion. Google could be liable only in case of ignoring appeals from the right holder about violation of his rights.