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18 January 2022

Sayenko Kharenko successfully defended Sistema Prosecco in the Supreme Court

Sistema Prosecco obtained a favourable decision on Prosecco Geographical Indication (GI) in the Supreme Court in Ukraine. This is a landmark case in the world of intellectual property rights and unfair competition.

Although the Antimonopoly Committee of Ukraine ruled in favour of Sistema Prosecco, protecting the original Italian producers of sparkling wine, the court of appeal did not recognise this decision as lawful.

Nevertheless, after several attempts, the Supreme Court cancelled the court of appeal’s decision and ruled in favour of Sistema Prosecco. The Supreme Court considered evidence in favour of Sistema Prosecco, including consumer surveys on the possibility of confusing the product of Niva with the original Italian brand. Moreover, the Supreme Court prioritised consumer surveys over IP expert examination in cases related to unfair competition. As a result, the prohibition on the use of PROSECCO imposed on NIVA by the Antimonopoly Committee of Ukraine remains in force. The respective decision is final and may not be appealed.

Sayenko Kharenko’s intellectual property team, in cooperation with the Italian office of Bird & Bird, has successfully defended the interests of the Consorzio providing comprehensive legal support to Sistema Prosecco, including proceedings in the court of appeal and Supreme Court in the case related to invalidation of the decision of the Antimonopoly Committee of Ukraine regarding unfair competition by the Ukrainian wine producer that used the PROSECCO brand for its wines. Representatives of the Italian Embassy in Ukraine were also involved and provided significant support in defending the interests of Sistema Prosecco.

Sayenko Kharenko’s team was led by partner Yaroslav Ognevyuk and included senior associate Pavlo Kovalchuk, associates Khrystyna Ivanytska and Natalia Gorodetska, junior associates Danyila Zubach and Anastasia Rotaienko.

Sayenko Kharenko’s team closely cooperated with the Italian legal team at Bird & Bird, composed of managing partner and head of the Italian intellectual property department Giovanni Galimberti, counsel Rita Tardiolo, and associate Francesca Signorini.

To read the official press release of the Antimonopoly Committee of Ukraine, please follow the link (in Ukrainian).

https://sk.ua/projects/sayenko-kharenko-acted-ukrainian-legal-counsel-sistema-prosecco/

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