UEFA LICENSING and PIRACY ASPECTS in UKRAINE by Nataliya Pavlovych, Pavlovych & Co, Kyiv, Ukraine
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Country Index: Poland/Ukraine Special Published on www.country-index.com June 2012 UEFA LICENSING AND PIRACY ASPECTS IN UKRAINE By Nataliya Pavlovych, Pavlovych & Co, Kyiv, Ukraine At the beginning of June a long-awaited event starts in Ukraine - International championship UEFA EURO scale. Organization of such event requires the involvement of powerful financial resources. One of important sources of such funding is paying of commercial partners (sponsors) for the use of symbols UEFA EURO. To sponsor agreed to pay such considerable money, UEFA every time at the state level receives special protection regime of its symbolism, because there is no protection - no sponsors - no championship. Everyone needs to understand and respect the rights of UEFA in its symbolism, follow the rules of its use. Such rules exist regarding the use of symbols League in the media. For every UEFA issued a document called Media Guide, which contains guidelines for the media on the use of symbols. In preparation for the UEFA Cup there were registered 18 Ukrainian brands and 52 for international procedure - the Madrid system. The Official UEFA Marks include, inter alia: the official name - UEFA EURO 2012 ™, UEFA, EURO 2012 and POLAND / UKRAINE 2012 and their equivalents on Ukrainian language and other symbols - emblems, official logo talisman etc. The detailed list is available on the website of the State Service for Intellectual Property of Ukraine at the link http://base.ukrpatent.org/searchEURO2012/. UEFA European Football gives commercial organizations a number of ways to profit. Sponsors of Euro 2012 get possibility to be associated with the goods and services of UEFA, including the right to use the brand to produce exclusive products, corporate reception, promote their brand as part of the site host and install custom marketing solutions, including, in media. At the same time, companies are entitled to placement of certain brands EURO 2012 on certain goods without associating them with the name of the championship 2012 - licensees who follow certain conditions and enter into an agreement with the European Football Union, which clearly indicates the type of production area, the time of issuance and sale, warranty, etc. With licensing UEFA wants to create an emotional bridge between tournaments and fans. Licensing gives football fans everywhere to express their love for the game by purchasing the small pieces of Euro-2012. Moreover, licensing allows the League to promote their tournaments around the globe because license holders use trademarks on the products and the provision of services. Only persons authorized to use the symbolism of the UEFA EURO 2012 ™ will have the right to produce souvenirs in support of the championship. Within the licensing program for UEFA EURO 2012 ™ fans will be offered a wide selection of souvenirs (including balls, shirts, bags, caps, badges, toys and many other gift items) which will promote the event and will contribute to its funding. UEFA has established a closely controlled marketing program to protect their rights and the rights of UEFA's commercial partners, and has a lot of remedies by the Ukrainian and international legislation. This program applies to "parasite marketing" when companies use soccer to promote product / service without the permission of UEFA (for example, by using the ticket) and to "the pirate trade" products with symbols of the UEFA EURO 2012 ™, which was manufactured without a license Cup. UEFA has developed a detailed program of protection around the world to maintain a vigilant scrutiny on the world markets and rapid response when someone is trying to unfairly benefit from the illicit use of symbols UEFA EURO 2012 ™. In Ukraine, UEFA enlisted the support of state at the highest level in the face of government and law enforcement officers who ensure the most complete and efficient protection of UEFA. As the level of justice in our country do not always respects others' rights, despite the very serious preparation on the part of European organizations and well thought-out system to protect its symbols, the upcoming Championship illegal use of symbols of Euro 2012, unfortunately, frequent. Page1 Going back in mid-2011 almost 800 inflatable footballs and 600 mini footballs with symbolic Euro 2012 were delayed. The goods came from Germany to the well-known enterprises in Ukraine. Customs officers stopped registration of a consignment and informed the representative of legal owner of this trademark in Ukraine, who confirmed the illegal use of symbolism of championship. Another example, customs officials suspended customs clearance party gifts -magnets with the logotype of tournament of Euro–2012 and Euro–2012 marks. These products were sent to address of physical person. In addition to the violations that were fixed at customs - over 10 loads with counterfeit products have been stopped and appropriate measures taken, the State Department of Intellectual Property has declined almost 40 applications for registration of trademarks and industrial designs that may infringe the intellectual property of UEFA. By the unlawful sale of such goods in the shops, including the Internet, some criminal proceedings have been opened. Many infringements were stopped after getting by infringers the warning letters from the League or the legal representatives of UEFA. Therefore, for the period of the tournament, UEFA plans to establish in the cities hosting Euro 2012 the teams which will actively monitor the copyright infringement and notify the law enforcement agencies. Respecting the rights of UEFA, the requirements on the use of League symbols will allow Ukraine for the first time in its history to host one of the greatest sporting events of our time and, accordingly, receive invaluable dividends image and a powerful stimulus for economic development. For more information, please contact: Nataliya Pavlovych Patent Attorney Pavlovych & Co. P.B.172, Kyiv, Ukraine +380442235382 (tel.) +380675091021 (mob.) +370442802299 (fax) [email protected] I www.pavlovych.com Nataliya Pavlovych is Director of Law and Patent Agency “Pavlovych&Co.” that was established at the beginning of 2011 and develops dynamically, offering the whole variety of intellectual property services in Ukraine, having partners and associates all over the world. Ms. Pavlovych has a technical background for biology (virology), she also received high educations for being a Patent Manager and a Lawyer and works as a Patent Attorney since 2001. She has been experienced in the area of intellectual property rights protection since 1993. The main activities are: inventions, utility models, industrial designs, trademarks, domain names as well offered are services, particularly including informative search, watch services, agreement execution, copyright protection, litigation and provision of legal and expert opinions. Ms. Pavlovych fluently speaks Ukrainian, Russian, English and French. She is a member of Ukrainian Patent Attorney Association, Ukrainian group of AIPPI, INTA, LES and other international organizations. Territory of activity: Ukraine, CIS countries. Page2 .