Ukraine

Ilyashev & Partners successfully represented Latvian pharmaceutical company Kalceks AS in a high-profile dispute concerning the invalidation of Ukrainian trademark certificates for the anesthetic trademarks “Promedol” and “Промедол”  registered by Pharmaceutical Group Zdorovia LLC. Kalceks AS is widely known as the manufacturer of anesthetic products under the trademark “Promedol Kalceks Промедол Калцекс”, protected by International Registration No. 1320345 dated 20 June 2016 for goods in Classes 1 and 5 of the Nice Classification. In 2016, Kalceks obtained Ukrainian registration certificate No. UA/15324/01/01 for the medicinal product “Promedol Kalceks”, solution for injection, 20 mg/ml” (Order of the Ministry of Health of Ukraine No. 787 dated 28 July 2016). The dispute arose when Pharmaceutical Group Zdorovia LLC began marketing similar products in Ukraine under the trademarks “Promedol-ZN” and “Promedol Промедол”, protected by Ukrainian certificates No. 129188 and No. 227836. In the same year, the company filed a lawsuit with the Commercial Court of Kyiv seeking to invalidate Kalceks’ international trademark registration, claiming the trademarks were identical apart from the additional elements “ZN” and “Kalceks”. The case was further complicated when the Ukrainian claimant requested interim measures to prohibit the State Customs Service of Ukraine from including Kalceks’ international trademark in the Customs Register of IP Rights. Such a restriction could have resulted in Kalceks’ products being treated as counterfeit, leading to delays at customs and potential reputational and financial damage. To protect its rights, Kalceks engaged Ilyashev & Partners. The firm’s Intellectual Property team filed a counterclaim, arguing that Kalceks’ trademarks included both the INN (International Nonproprietary Name) “Promedol” and the manufacturer's brand name. Accordingly, Kalceks had a legitimate basis for use, whereas the Ukrainian company's attempts to block imports constituted an infringement of Kalceks’ legal rights and interests. The Commercial Court of Kyiv upheld the arguments presented by Ilyashev & Partners, ruling that “Промедол” and “Promedol” are generic names included in the WHO’s INN list. Such terms cannot serve as standalone elements in trademarks or product names, as this would result in unfair competition and a potential market monopoly. The court also found that the “ZN” component lacked distinctiveness. On 8 April 2019, the court ruled in favor of Kalceks and invalidated the Ukrainian trademark certificates. Pharmaceutical Group Zdorovia LLC appealed the decision, but on 6 May 2025, the Supreme Court of Ukraine, acting through the Commercial Cassation Court, upheld the first-instance judgment. The Court confirmed the invalidation of certificates No. 129188 and No. 227836 for “Promedol-ZN” and “Promedol Промедол”. By the time the case reached the higher courts, ownership of the trademarks had been transferred to a third party – Farmeks Hrup LLC, which had become the legal successor and new right holder. The Supreme Court further ordered the Ukrainian National Office for Intellectual Property and Innovations to record the invalidation of the two certificates in the State Register of Trademark Certificates of Ukraine and publish the information in the official bulletin Promyslova Vlasnist (Industrial Property). The Supreme Court’s decision is final and not subject to appeal. The case was handled by Mikhail Ilyashev, Managing Partner; Oleh Trokhymchuk, Counsel and Co-Head of Dispute Resolution; Andriy Lytvyn, Head of the Kharkiv Office and Attorney at Law; and Dmytro Lazebnyi, Attorney at Law.

Ilyashev & Partners Law Firm successfully represented a Ukrainian retail company in criminal proceedings concerning allegations of tax evasion exceeding EUR 1 million. A fashion accessories retail company was accused of large-scale tax evasion through the use of sole proprietorships for conducting economic activities during 2021-2023, as well as the possible smuggling of goods into Ukraine. The allegations were based on an analytical report by the Economic Security Bureau of Ukraine. To protect its interests, the Ukrainian retailer turned to Ilyashev & Partners Law Firm for legal assistance. The Criminal Law team at Ilyashev & Partners provided comprehensive support during the pre-trial investigation stage, including: representing and advising company management and employees during searches; legal assistance during interrogations; preparation of complaints and motions for the return of seized property and lifting of asset freezes; representation of the company in court. Thanks to the effective defence strategy implemented by Ilyashev & Partners’ attorneys, the Shevchenkivskyi District Court of Kyiv lifted the seizure of all assets, and the criminal proceedings were closed due to the absence of corpus delicti. The case was handled by Volodymyr Adonin, Attorney at Law at Ilyashev & Partners.

Ilyashev & Partners Law Firm has initiated the first anti-circumvention investigation of anti-dumping duties in Ukraine’s history. As a result of the coordinated efforts of Ilyashev & Partners’ International Trade Practice, led by Partner Olena Omelchenko, the Interdepartmental Commission on International Trade initiated an investigation into the circumvention of the anti-dumping measures imposed by the Commission’s decision No. AD-546/2023/441-01 dated July 13, 2023. These measures were introduced for five years and apply to imports into Ukraine of prepainted galvanized steel coils originating from the People’s Republic of China. The complaints filed by domestic producers, represented by Ilyashev & Partners, provided compelling evidence that the effect of the anti-dumping duty on imports from China may have been undermined by the supply of similar products from Malaysia and through the artificial understatement of customs value, which serves as the basis for calculating customs payments, including anti-dumping duties. As a result of the investigation’s initiation, the anti-dumping duty on prepainted galvanized steel coils originating from China – ranging from 30.76% to 48.14% – was extended to cover imports of similar products from Malaysia. The decision to extend the duty takes effect 10 days after the relevant announcement is published in the official gazette Uryadovyi Kurier. This marks the first-ever application in Ukraine of Article 27 of the Law of Ukraine “On Protection of the National Producer from Dumped Imports” dated December 22, 1998 No. 330-XIV, which provides for the possibility of initiating a special anti-dumping investigation in duty evasion cases. It sets a precedent for the state’s response to shifts in trade patterns and circumvention schemes that have previously fallen outside legal regulation. For the first time, anti-dumping duties will be collected from the moment of investigation initiation and deposited into a treasury account opened by the State Treasury Service of Ukraine in the name of the State Customs Service of Ukraine. The Commission introduced for the first time a mechanism for depositing funds to ensure the payment of duties and VAT. “The decision demonstrates the state's ability to respond effectively to attempts to evade trade restrictions, particularly through changes in the country of origin and falsifying certificates. A powerful precedent has been set for protecting the domestic market – the result of many years of Ukrainian producers’ struggle for fair competition,” emphasized Olena Omelchenko. The original anti-dumping investigation into imports into Ukraine of prepainted galvanized steel coils classified under UCGFEA (Ukrainian Classification of Goods for Foreign Economic Activity) codes 7210 70, 7210 90, and 7212 40 was initiated on December 14, 2020, based on a complaint prepared by Ilyashev & Partners. It was one of the largest anti-dumping investigations in Ukraine’s history, both in terms of import volumes and the number of parties involved, including importers and Chinese manufacturers.

The International Trade team at Ilyashev & Partners, led by Partner Olena Omelchenko, has successfully achieved the imposition of final anti-dumping measures on imports of heating radiators originating from the People's Republic of China and the Republic of Turkey into Ukraine.​ On April 16, 2025, the Interdepartmental Commission on International Trade issued Decision No. AD-573/2025/441-01, establishing final anti-dumping duties as follows:​ 35% for manufacturers and exporters of heating radiators from the Republic of Turkey; 30% to 42.00% for manufacturers and exporters of heating radiators from the People's Republic of China, depending on the specific producer. These measures apply to imports of steel, aluminum, and bimetallic heating radiators classified under UCGFEA codes ex 7322 19 00 00, ex 7616 99 10 00, and ex 7616 99 90 00. Excluded from these measures are towel warmers, underfloor water convectors, and designer tubular radiators.​ The final duties will be in effect for five years and will come into force ten days after the official publication of the Commission's decision in the Uryadovy Courier newspaper. The duties will be collected by customs authorities independently of other taxes and fees.​ "National manufacturers must be protected for economic reasons as well as for reasons of strategic national security," emphasized Olena Omelchenko. "With the current economic climate, it is imperative to establish fair competition conditions on the domestic market and stop dumping pressure from foreign suppliers. By taking this decision, Ukrainian companies will be able to restore production, maintain jobs, and invest in development." The anti-dumping investigation was initiated in April 2024 following a complaint filed by San Teh Rai LLC and Uterm Ukraine LLC, represented by Ilyashev & Partners. As a result of the Commission's investigation, dumping, harm to domestic producers, and causality were all confirmed.