It has never been easier for an average Ukrainian to purchase the hottest designer bag or the latest "it" perfume; or at least that's what Ukrainians think they're buying. The chance is high that the designer handbag you desperately want is a fake, and so is the belt of the well-known brand you saw somebody wear on your way to work. Ukraine has become a hotbed for counterfeit products; this is bad not only for consumers as the quality of their purchases is not guaranteed, but also for producers which lose millions in revenues each year. Fortunately, things are looking to turn up, as many companies are doing their outmost trying to protect their brands and intellectual property rights, and the Ukrainian authorities seem to be finally catching up – lost revenues for the company translates into lost tax revenues for the state. The fight against counterfeit products is on.

In principle, the Ukrainian laws do provide effective means required to remove the fake products from the market. Moreover, Ukrainian IP laws are rapidly progressing towards the best European practices as far as protection of rights is concerned. For example, after Ukraine joined the WTO many positive legal novelties were introduced and a lot of international agreements in this field were ratified. Today, lawyers have enough legal means to secure the interests of their clients' in disputes with regard to counterfeit. Still, there exist many inconsistencies and loopholes used for illegal importation and distribution of counterfeit products.

Current legislation allows trademarks' owners to choose among several ways to fight against counterfeit: administrative proceedings, criminal investigation, commercial litigation, etc. In practice, the less time consuming and the most effective way is to launch administrative proceedings and commercial litigation. However, the final decision on the applicable strategy can be made only after detailed analysis of available evidence and the client's expectations.

In fact, close collaboration with various governmental authorities is an essential part of this process. First of all, the Ukrainian legislation gives very limited means through which one can find out about, for instance, importation or storage of fake products. It appears that the most work should be done by special governmental agencies through searches, routine inspections and raids, as well as and test purchases of products. Therefore, close cooperation with authorities is one of the most efficient ways to obtain necessary evidence and prevent any sales of uncovered counterfeit products.

However, it should also be noted that governmental authorities are rather reluctant in initiating such proceedings. Therefore, the burden of finding initial information is often borne by the owner of the trademark.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.