The most common requests for IP services during the war

During the war in Ukraine, as in any other period, intellectual property services remain an integral part of the strategy for protecting the rights and interests of both individuals and businesses. Accordingly, intellectual property remains one of the key assets that requires careful protection and management.

Also read: "Найпоширеніші запити у сфері IP-послуг під час війни"

War conditions can lead to specific challenges in the field of intellectual property. For example, it may facilitate illegal use and infringement of intellectual property rights, as well as protracted litigation. In such circumstances, it is necessary to have flexible and effective protection strategies, such as, for example, ensuring the protection of confidential information in the event of possible interference with computer systems or data theft.

In my practice, requests for IP services have not changed dramatically over the past two years, but they have definitely become more internationally oriented. In other words, when ordering a typical trademark registration service in Ukraine, the Client is already at this stage interested in the procedure, terms, requirements for trademark registration in the European Union and notes that entering international markets and, accordingly, international registration will be a priority.

Below are the main requests in the field of IP services over the past two years. 

1. Services in the field of registration of intellectual property rights. After the first shock of the full-scale invasion, in fact, starting in the summer of 2022, Ukrainian businesses continue to request protection of intellectual property rights. This service has been one of the most requested in practice and remains so, and includes registration of patents, trademarks, copyrights, industrial designs and other intellectual property. Clients understand and appreciate the importance of a strategy for protecting new inventions, trademarks or designs, and this undoubtedly has a very positive impact on Ukrainian business in general.

2. Protection against unfair competition. Unfair competition may include patent infringement, trademark copying, copyright plagiarism, misuse and other actions that violate intellectual property rights. It is in order to avoid losses that may be caused by unfair competition that regular monitoring is carried out to detect the illegal use of intellectual property rights in a timely manner.  This may include work with search engines, online marketplaces, social networks, forums and other resources where illegal copies and counterfeits may appear. Even at the stage of establishing the existence of an infringement, the next steps may include preparing a claim and supporting the Client during negotiations and further fulfillment of the requirements to eliminate these infringements. However, if these actions did not have the desired effect and the violation continues, the next step is to prepare an application to the Antimonopoly Committee of Ukraine or, in some cases, a statement of claim to the court.

3. Registration of trademarks in the EU and the USA. The importance of protecting intellectual property rights in the context of business globalization is sometimes underestimated by Clients, but I try to explain this need to Clients based on the following factors:

• international registration provides legal protection to the owner of intellectual property rights. It also helps to avoid possible conflicts with potential competitors and to protect a product or service from unfair competition and infringement of intellectual property rights. A registered trademark, for example, has a legal status that makes it difficult to copy and counterfeit products and compete in the market;
• international market confidence. Registration of a trademark in countries with a high standard of intellectual property protection, such as the United States and the European Union, increases consumer confidence in the brand. International market trust affects the positive perception of a product or service by consumers. If a brand has a good reputation and high trust at the international level, it improves the positive perception of goods and services in different markets. As a result, the client gets the opportunity to increase sales, improve the positioning of the product or service. 

It also helps to expand business and increase international brand recognition. Also, Clients analyzing work with international business note that trademark registration facilitates trade. 

Thus, over the past two years, the IP services sector has not undergone significant changes. Therefore, the registration of intellectual property rights, monitoring for infringement and protection against unfair competition remain relevant among Clients.