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Sep 20, 2018 (Newsletter Issue 16/18)
Ukraine
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Ruling on Non-Use Grace Period


As reported earlier, the Ukrainian courts face a dilemma in non-use cancellation actions as to what the applicable grace periods really is. The existing Ukrainian Trademark Law provides for a 3-year non-use grace period, while Article 198 of the IP-related provisions of the EU-Ukraine Association Agreement sets forth the 5-year non-use grace period. Ukraine has not adopted any laws that would implement provisions of the EU-Ukraine Association Agreement in the national legislation yet. Only a draft law has been submitted to the Parliament implementing the provisions of Art. 198 on January 23, 2017.

In a court ruling dated February 12, 2018, by the Commercial Court of Kyiv in the case no. 910/14972/17, the judge applied a five-year non-use grace period, as provided for under the Association Agreement (Art. 198), and rejected the non-use cancellation action, which was based on the three-year grace period, as per Ukrainian Trademark Law.

The case went to the Kyiv City Commercial Court of Appeal and ended up reaching the Ukrainian Supreme Court, which upheld the decision of the lower courts on July 17, 2018. The Supreme Court ruled on the direct applicability of the EU-Ukraine Association Agreement applying a five-year non-use grace period.

For further information, please check the article of the law firm PETOŠEVIĆ Ukraine here

Source: www.petosevic.com