The legal team of “Syrota Dzis Melnyk and Partners” successfully defended the interests of a large investment fund active in the real estate sector at the Northern Commercial Court of Appeal.
In 2022, the client acquired the property rights to trademarks (signs for goods and services) and approached the National Intellectual Property Authority (NIIPA) with the aim of publishing the relevant information in the official bulletin “Industrial Property” and entering the details into the State Register of Certificates of Ukraine for trademarks.
However, NIIPA formally and unjustifiably denied the client the corresponding actions, citing that the latter is an investment fund and not a legal entity, despite the fact that an asset management company acted in the interests of the client. Such actions by NIIPA grossly violated the client’s rights to freely dispose of their property rights to intellectual property objects at their discretion.
SDM partner Sergey Dzis, along with the company’s lawyers Kateryna Petrushyna and Bohdan Zvarun, defended the client’s interests and won the case in both first and second instance courts, proving to the court that there was excessive formalism regarding the client’s rights and an ambiguous approach by NIIPA to such cases.
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