Sayenko Kharenko has successfully protected the rights of the Public Joint Stock Company “State Savings Bank of Ukraine” (Oschadbank) before the Supreme Court. The case related to claims by Oschadbank against a number of co-defendants and a foreign bank for protection of the right to a trademark and has been under consideration as a commercial proceeding since 2016.
The court of cassation held that the Commercial Court of Appeal had no grounds for notification of the defendant, which is a non-resident of Ukraine, in accordance with the procedure provided for by the Taking of Evidence Abroad in Civil or Commercial Matters (the Hague Convention) and that reasonable timeframes for consideration of the case must be observed.
In accordance with the ruling dated 7 July 2019, the Supreme Court ruled on the obligation of a foreign person to refrain from actions aiming to create unjustified delays in case consideration as well as the obligation to use the procedural rights granted by the Commercial Procedural Code of Ukraine fairly.
The IP attorneys of Sayenko Kharenko demonstrated that the stay of action in the case that has been pending before the Court of Appeal for more than two years was groundless, and as a result restored the claimant’s procedural rights in this case.
Legal support of the court case was conducted by attorney Tetiana Yushchenko. Strategic guidance was conducted by partner Yaroslav Ognevyuk.