Last Updated February 20, 2019

Law and Practice

Authors



Pakharenko & Partners (Kyiv) is one of the largest and most experienced intellectual property law firms in Ukraine, with offices in Kyiv (Ukraine) and London (UK). It also has many international partners all over the world. The firm provides the full scope of IP services required by pharmaceutical industry clients, including patent and trade-mark protection and enforcement, and has well-established expertise in domestic and international technology transactions, licensing, distribution agreements, confidentiality agreements, software licences and advertising. Clients include multinational, national and local corporations, major academic and research institutions, small entrepreneurial companies and engineering organisations, and individual inventors.

General requirements for advertising include prohibition on: The dissemination of information about a product that is prohibited (production, circulation or importation into Ukraine), discriminatory statements, provision of information that may cause harm to people’s health or life and/or to the environment and prompt security safeguards to be neglected; having an effect on the subconsciousness of the consumers of advertising; the use of an individual’s image or the use of his or her name without written consent.

Advertising must be clearly separated from other information so that it can be identified as advertising. Hidden and unfair advertising is prohibited.

Under the current Ukrainian legislation (par. 1 Article 21 of the Law of Ukraine on Advertising, par. 4 Article 26 of the Law of Ukraine on Medicines) advertising of the following products shall be allowed:

  • medicines, medical products and methods of preventive care, diagnosis, treatment and rehabilitation, which are allowed for use in Ukraine under the established procedure; and
  • medicines dispensed without a doctor's prescription and which are not included in the list of medicines prohibited for advertising.

At the same time, the advertising of the following products shall be prohibited by the law:

  • medicines, the use and dispensing of which are allowed only upon a doctor’s prescription, and the ones included in the list of medicines whose advertising is prohibited; and
  • doping substances and/or methods of their use in sports.

General definition of advertising, in accordance with Article 1 of the Law on Advertising is as follows: Information about a person or a product disseminated in any form and in any manner, directed at unspecified range of consumers of advertising and intended to form or maintain awareness of the consumers of the advertisement and their interest with regard to such person or product.

Pakharenko & Partners

72 Velyka Vasylkivska Str.
Entrance 1, 7th Floor.
Business Centre “Olimpiysky”
Kiev 03150 Ukraine

+380 44 593 96 93

+380 44 451 40 48

pakharenko@pakharenko.com.ua pakharenko.ua/
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Authors



Pakharenko & Partners (Kyiv) is one of the largest and most experienced intellectual property law firms in Ukraine, with offices in Kyiv (Ukraine) and London (UK). It also has many international partners all over the world. The firm provides the full scope of IP services required by pharmaceutical industry clients, including patent and trade-mark protection and enforcement, and has well-established expertise in domestic and international technology transactions, licensing, distribution agreements, confidentiality agreements, software licences and advertising. Clients include multinational, national and local corporations, major academic and research institutions, small entrepreneurial companies and engineering organisations, and individual inventors.

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