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Copyright and Related Rights

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Following the global changes in content production and delivery systems, we build the most effective strategies for copyright and related rights protection. Mamunya IP covers the full range of matters related to copyright law and helps not only to reduce the risks of copyright infringement at the stage of project development, but also to provide full protection of rights in case of violation.

 

Our copyright and related rights expertise covers negotiations, transactions and disputes, inter alia, regarding collective management societies and copyright levies. Our recent experience includes big software copyright dispute, freedom of information cases, copyright cases, portrait rights cases, copyright licensing and transactions in the art business, copyright matters in media, publishing, technology and entertainment industries. Taking into account our unique experience in the field, our team members are involved in the working groups for amending the Ukrainian copyright and related rights law, as well as liaising with regulatory authorities in the industry.

Our expertise in this area includes the following: 

·        Protecting copyright and database rights within pre-trial procedures and in the courts

·        Copyright risk management

·        Drafting and negotiating copyright licensing and assignment agreements, as well as agreements aimed at protection of works of fine art, literature and photography

·        Protecting name and reputation of individuals

·        Droit de suite

“

Only one thing is impossible for God: To find any sense in any copyright law on the planet

”

- Mark Twain

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“

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author

”

- United Nations, Universal Declaration of Human Rights

Key contacts

Oleksandr Mamunya

Managing Partner, Patent and Trademark Attorney

Oleksandr Mamunya is an Attorney-at-law and a Patent and Trademark Attorney. Since 2003 Oleksandr has been practicing in the area of Intellectual Property, including patents, trademarks, trade names, designs, copyright, and related rights, domain names, as well as IP enforcement, litigation and anti-counterfeiting. His experience covers litigation and out-of-court dispute resolution, including patents, trademarks, and trade names for major Ukrainian and international companies. In addition, he handles complicated trademark and patent prosecution matters and works on complex IP assignments and licensing deals, and manages big clients’ IP portfolios. Oleksandr works in close cooperation with the Ukrainian PTO and is involved in projects to improve mechanisms of intellectual property rights protection, and in elaborating and implementing IP reform in Ukraine. Oleksandr is a member and active participant of the International Association for the Protection of Intellectual Property ( AIPPI ) (since 2012), the International Trademark Association ( INTA ) (since 2008) (member of the Anticounterfeiting Committee (2022-2025), the Parallel Imports Committee (2017-2021), and the leader of the Case Law Development Working Group (2021), Ukrainian Bar Association ( UBA ) (Chair of IP Committee (since 2017), National Association of Patent Attorneys of Ukraine (admitted to practice as Patent and Trademark Attorney since 2010), European Business Association (since 2012) (Сouncillor of the Agrochemical Committee and Consumer Electronics Committee), Kyiv City Bar Association (admitted to Bar since 2005). Education Ukrainian School for Political Studies, 2016 State Institute of Intellectual Property, 2009 World Intellectual Property Organization (WIPO) Academy, 2005 Taras Shevchenko National University of Kyiv, Law, 2004​

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Ganna Prokhorova

Partner, Attorney-at-law

Ganna Prokhorova is an attorney-at-law, mediator, and arbitrator focused on Intellectual Property, and particularly on trademarks, copyright and designs, unfair competition, and art law. Since 2005 she has been advising well-known domestic and international companies for protection of intangible assets through a combination of monitoring and filing strategies, negotiating and drafting IP assignments, licensing and franchising agreements, as well as judicial and out-of-court remedies against infringements and dilution. Ganna has a profound experience in IP court cases and domain name disputes representing famous international brand owners. She is also regularly engaged in combating counterfeits and protecting plant varieties in Ukraine. Ganna is a WIPO Domain Name Panelist under the UDRP and UA-DRP at WIPO (Geneva, Switzerland), and a URS Examiner at MFSD (Milan, Italy). Ganna is an arbitrator at the Court of Arbitration for Art (CAfA) (Hague, the Netherlands). In addition, she has for a long time been in the leadership of several international and domestic organizations and associations, such as the International Trademark Association ( INTA ) since 2015 (member of the Copyright Committee, the Chair of International & Legislative Subcommittee of the Copyright Committee, 2022-2023 and the Leader of “Works Made for Hire: Review of Legislation and Practice” Task Force covering 60+ countries, 2020-2023, member of the Bulletin Committee – Features, 2018-2019, member of the Anticounterfeiting Committee, 2016-2017), the European Community Trade Mark Association ( ECTA ) (member of the Anti-Counterfeiting Committee, 2019-2022), the Pharmaceutical Trade Marks Group (member since 2016), the Ukrainian National Bar Association ( UNBA ) (member of the IP Committee Board since 2019), the Ukrainian Bar Association ( UBA ) (member since 2006). Ganna is passionate about IP. Her emphatic, dynamic and flexible approach to handling matters, together with the ability to manage and foresee different issues in advance, and the solid network of relations with IP professionals worldwide, are the values appreciated by clients. Education Sotheby’s Institute of Art, 2018 State Institute of Intellectual Property, IP Law, 2016 The Hague Academy of International Law, 2015 World Intellectual Property Organization (WIPO) Academy, 2007 Kyiv National Economic University named after Vadym Hetman (KNEU), Commercial Law, 2006

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Anastasia Mindrul

Patent and Trademark Attorney

Anastasia is a registered Patent and Trademark Attorney of Ukraine working in IP since 2004. She primarily focuses on legal strategies for protecting and enforcing IP rights, patent and trademark prosecution, pre-trial counselling, copyright enforcement, geographical indications, trade names, industrial designs, and representing clients before the Chamber of Appeals of the UA PTO. Anastasia provides a diverse range of services at every stage of the IP life cycle, from pre-filing consulting (preparatory work) to post-grant oppositions, further assignment, and licensing. She possesses deep knowledge of prosecution matters and consistently delivers comprehensive analysis. Her recommendations are presented in a clear and easily understandable manner. She always goes the extra mile. Anastasia is the author of many academic articles regarding IP and is the co-author of several monographs on the protection and enforcement of IP rights. From 2005 to 2012 she trained students as a Senior Lecturer on intellectual property law at the Branch Law Department of the National University of Kyiv-Mohyla Academy and has been awarded scholarships of the Cabinet of Ministers of Ukraine as a young scientist. Moreover, she participated in a number of working groups to develop, improve, and enforce intellectual property legislation in Ukraine. Anastasia is a member and active participant of National Association of Patent Attorneys of Ukraine, Ukrainian Bar Association (UBA). Her recent matters: Advising one of the world fastest-growing direct selling companies on possible strategies against its key trademark infringement by the third party who attempted to register a similar mark in Ukraine for the goods related to non-medicated cosmetics and pharmaceutical preparations. The case included collection of evidence, preparing and filing an opposition against the conflicting mark. Advising a global health information technology and clinical research on available strategies for protecting against unfair competition, the case included collecting evidence, preparing and filing an opposition against the conflicting mark. Supporting a well-known US multi-level marketing (MLM) company that sells health, beauty, and homecare products in the complicated trademark prosecution matter. The project included not only drafting a reply to the Provisional refusal but negotiating with the owner of the opposing mark the terms and conditions of a possible co-existence agreement, drafting and filing the latter with the UA PTO. Assisting in the assignment of several patent applications and registrations to the global digital agricultural company, advising on the peculiarities of the applicable Ukrainian law. Education State Institute of Intellectual Property, 2005 World Intellectual Property Organization (WIPO) Academy, 2005 Kyiv National Economic University named after Vadym Hetman (KNEU), Law, 2003

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Dmytro Stefanovych

Of counsel

Dmytro specializes in IP enforcement and litigation, with a focus on trademarks and domain names. Dmytro regularly represents clients before customs authorities, handles anti-counterfeiting matters and has considerable experience in trademark prosecution and IP portfolio management. His areas of expertise also include advertising law personal data protection, licensing and IP due diligence. Dmytro is a member of the Public Information Committee of the International Trademark Association (INTA) (2024-2025), the Intellectual Property, Technology, Media, and Telecommunications Commission of the International Association of Young Lawyers (AIJA), WIPO ADR Young (WIPO Arbitration and Mediation Center) and the Ukrainian Bar Association. He is admitted to the Bar. Dmytro was actively involved in a number of landmark projects, such as: Representing a US multinational tech company in several TM non-use cancellation actions and domain name disputes. Providing a full range of anti-counterfeiting services to the largest delicatessen and coffee business in Europe. Representing a worldwide known crop health management platform in a TM invalidation action. Advising fintech company (digital bank) in the court case against the local PTO, arranging TM prosecution and portfolio management. Advising a famous US manufacturer of confectionary on the protection of IP rights at the customs border. Supporting one of the oldest universities in the English-speaking world in the TM pre-grant opposition matters in Ukraine. Managing the large copyright enforcement program for a major group of European and US software producers. Advising the leading Italian pharmaceutical company regarding promotional activity and advertising of pharmaceutical products. Education Taras Shevchenko National University of Kyiv, International Law, 2018

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Ilona Boliubash

Of counsel

Ilona Boliubash specializes in Intellectual Property litigation with a focus on patents and trademarks, as well as advises clients on copyright, collective management of copyright and plant varieties protection. Ilona’s expertise also includes domain name disputes under the UA-DRP, GDPR compliance, data protection as well as defamation cases. Her primary focus industries are pharmaceuticals, IT and TMT. Ilona is a recipient of the Chevening Scholarship 2023-2024 and is pursuing her specialised studies of intellectual property law at King's College London as an LLM student. Ilona has a profound experience in complex trademark protection projects, including multiple court disputes regarding series of trademarks of one of the biggest Ukrainian pharmaceutical producers (e.g., invalidation of the UA PTO Appeal Chamber decision) and a successful infringement case for a famous British engine manufacturer. Ilona actively participates in developing her alma mater's moot court society. She is a member of the Unfair Competition Committee of the International Trademark Association (INTA) (2022-2023, 2024-2025), the Intellectual Property, Technology, Media, and Telecommunications Commission of the International Association of Young Lawyers (AIJA), WIPO ADR Young (WIPO Arbitration and Mediation Center) and the Ukrainian Bar Association (UBA). Ilona is admitted to the Bar. Ilona Boliubash took an active part in a variety of complex projects in IP and, inter alia, in the following: A number of court disputes over the trademarks used as key trade names for the most popular medicinal products of one of the biggest Ukrainian pharmaceutical companies. The disputes included invalidation of the UA PTO Appeal Chamber decision re the competitor's TM, numerous trademark and patent invalidation cases against unfair market players, including the invalidation based on generic nature of the trademark. Collecting evidence, drafting and filing the request, and subsequent recognition of several trademarks as well-known by the UA PTO Appeal Chamber. Successful trademark infringement case for a famous British engine manufacturer which resulted in taking down the client's trademarks from the infringer's website. Ceasing the illegal use of the world-renowned client’s trademarks in the domain names under the UA-DPR proceedings. Representing the top multinational tech company in several litigation matters where early termination of the client’s TMs and invalidation of the Appeal Chamber decision on recognition of the well-known status of the TM is claimed. Representing major innovative European lifescience company in a number of patent litigation matters, including patent infringement, patent invalidation and preliminary injunction matters. Representing the world-known FMCG company before the Ukrainian customs authorities in the course of trademarks recordals in the IP objects registry, and fighting potentially counterfeiting activities. Education Harvard Law School, CopyrightX Course, 2022 Taras Shevchenko National University of Kyiv, Law, 2019 World Intellectual Property Organization (WIPO) Academy, 2019 King's College London, IP Law LLM, 2023-2024

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