Verkhovna Rada of Ukraine Amends Article 6
of Ukraine Advertising Law

Trademarks will be used in advertising in their original;
the issue of language in advertising settled

KYIV, UKRAINE: On Tuesday, the Verkhovna Rada of Ukraine adopted in the second reading the Law of Ukraine "On Changes to Certain Legislative Actis of Ukraine on the Legal Protection of Intellectual Property". The new law amended Article 6 of the Law of Ukraine "On Advertising", which required that all foreign trademarks be duplicated into the Ukrainian language in all forms of advertising.

The newly passed piece of legislation sets that the marks for goods and services will be used in advertising in that form which is legally protected in Ukraine, according to the effective legislation, in particular Article 6^quinquies of the Paris Convention for the Protection of Industrial Property, which, in turn, provides that a trademark that was properly registered in the country of origin, has to be protected in other countries of the Paris Union, as it is. Therefore, the new language of Article 6 of the Law of Ukraine "On Advertising" will comply with international standards, and will not collide with the effective Ukrainian legislation.

"Passage of this law and settlement of the problematic issue regarding foreign trademark duplication into Ukrainian is a significant step forward for Ukraine on its WTO accession aspirations, and for owners of intellectual property rights," said Serhiy Movchan, Ukraine’s representative of the Coalition for Intellectual Property Rights (CIPR).

"The new amendment will positively impact the intellectual property rights of trademark owners, as they will be able to use their legally owned trademarks in their original, without a danger of undermining their consumer recognition level. This will also boost Ukraine’s economy by attracting foreign investments," said Movchan.

The amendment to Article 6 of Advertising Law was drafted and submitted to the Verkhovna Rada by MPs Y. Artemenko and M. Rodionov. After the President signs this bill, the new piece of legislation will enter into force from the day of its publication in the official press.

The Coalition for Intellectual Property Rights (CIPR) is a private-public partnership dedicated to advancing intellectual property rights protection, enforcement and reform in the Baltic States and CIS countries. Through public education, legislative action and legal reform, CIPR works with government and private sector partners to establish transparent IPR regimes that adhere to international standards. CIPR’s Corporate Members include some of the worlds’ most famous trademark, copyright, patent and brand owners, among them: Anheuser Busch, Becton Dickinson, British American Tobacco, The Coca-Cola Company, Dell Computer Corporation, Diageo plc, Four Seasons Hotels Ltd., Gallaher Ltd, Geom Ltd, Gowlings, ICN Pharmaceuticals, Intel Corporation, Kraft Foods International, Kroll, Microsoft, Morshinska Mineral Waters, Pfizer International, Philip Morris Companies and Tiffany & Co. Baker & McKenzie CIS Ltd and Fross Zelnick Lehrman & Zissu serve as CIPR’s co-legal counsel.

For more information, contact Serhiy Movchan via e-mail or via telephone +380-44-464-1240.