Sayenko Kharenko has acted as Ukrainian legal counsel to Sistema Prosecco with respect to protection of Prosecco DOC appellation of origin / Italian wine brand against unfair competition practiced by a Ukrainian wine producer.
Sayenko Kharenko’s IP team provided comprehensive legal support for Sistema Prosecco covering pre-investigation dispute settlement procedures and successful representation of the client and some Italian Prosecco wine producers before the Ukrainian Competition Authority (Antimonopoly Committee of Ukraine) in two unfair competition investigations regarding unlawful use of designations and dissemination of misleading information. Due to these investigations, the Competition Authority agreed with the position of the client and in September 2018 confirmed unfair competition in both cases, imposed fines on the Ukrainian wine producer, and obliged the latter to cease its unfair competition practice within two months.
Sayenko Kharenko counsel Oleg Klymchuk comments: “We are pleased to achieve a positive result for our client in the completed complex case comprising of two investigations with active defence position of the Ukrainian wine producer (defendant). It is a good and important sign for investors that it is possible to protect your brand against catchy copying, imitations and other unfair competition practices in Ukraine.”
Sayenko Kharenko team was led by counsel Oleg Klymchuk and support from associates Pavlo Kovalchuk and Borys Snizhko, junior associate Yelyzaveta Semenovykh and under the general supervision of partner Oleksandr Padalka.
Sayenko Kharenko’s IP team closely cooperated with Italian legal team of Bird & Bird composed of partner Giovanni Galimberti and senior associate Rita Tardiolo.