Monday, 31 December 2012

Getting the hang of it, Ukraine style

Last month, Class 99 reported on the protection of a clothes hanger design -- quite a sophisticated one -- in the UK in Mainetti v Hangerlogic. This time it's the turn of the "other" UK -- UK-raine -- so show what it can do. Our information comes from the most recent Petosevic newsletter in the form of a brief note, "Clothes Hangers Protected Under Design Patent In Ukraine", by Maya Kryvoshei. Writes Maya:
"Companies wishing to import clothes hangers into Ukraine will not be able to do so without royalty payments, because clothes hangers have recently become protected in Ukraine by a design patent.

Information about the design patent “Clothes hanger” No. 22682 has recently been recorded in the customs register. According to the Ukrainian patent database, the protection was granted on January 25, 2012 to Golyev Vitaliy Yuriyovych, a Ukranian citizen.

Moscow’s business daily Kommersant reports that earlier this month the rights owner’s representatives sent a letter to the well-known Danish retail chain JYSK representatives offering the company to sign a contract under which it would be allowed to import the hangers into Ukraine provided it pays royalty, the amount of which would depend on the quantity of imported goods. JYSK will not accept the terms of the contract and is planning to take the matter to the court.

Such cases are not rare in Ukraine. There is no substantive examination of design patent applications. The PTO grants design patents if the application meets the formal requirements".

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