Wednesday, November 9 2022   \  Published by Crane IP.

The ban on the use of TMs that can mislead is legal – the Supreme Court of Ukraine

The ban on the use of TMs that can mislead is legal – the Supreme Court of Ukraine

At the end of 2019, the entrepreneur filed a lawsuit against the decision of the Cabinet of Ministers of Ukraine “On the approval of licensing conditions for conducting business activities in the production of medicinal products, wholesale and retail trade of medicinal products, import of medicinal products (except active pharmaceutical ingredients)” regarding the placement conditions on the signboard and external advertising structures of the pharmacy, in particular, the sign for goods and services (logo) belonging to the licensee.

The plaintiff referred to the fact that the disputed resolution established requirements for the signboard and external advertising structures of the pharmacy, which, in his opinion, contradict the provisions of the laws of Ukraine, violate the principle of freedom of entrepreneurial activity, and the principle of inviolability of intellectual property rights. He also believed that this resolution was adopted by the Cabinet of Ministers outside of its powers, violating the rights and legitimate interests of a person who, under the license agreement, acquired the right to use the mark for goods and services “Pharmacy wholesale prices”. Read more

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