In Focus (#04 April 2010)

When it’s Better to Get into the Detail

Introduction of a new product or technology is impossible without ensuring the protection of intellectual property rights. With the internationalization of business this concerns not only national but also international regulation and, what is even more important, practice. Perhaps it is quite evident that namely the IP field, even with a perfect legal background is reduced to zero, without its proper enforcement. The last point has found its reflection in Ukraine in the last few years. Having implemented international norms of IP protection into national legislation, its enforcement requires additional work and the appropriate “infrastructure”.

Furthermore, IP practice is very wide, and if some areas are globally harmonized (more or less), then other dimensions enjoy national specificity, regional scope and develop demand on professional advice.

While looking at these considerations we may come to an obvious conclusion: the problem should be treated from two sides. On the one hand, IP protection of both Ukrainian and international business operating in the country is a top priority. On the other hand, in order to avoid a malicious joke while taking on an international commitment, in IP in particular,

the capacity to either adopt legislation or to guarantee its enforcement has to be taken into account.

Happy reading,
Olga Usenko

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