Marketing, Advertising & PR
In the marketing, advertising, and PR sector, creative output is the primary commercial product. Advertising concepts, slogans, visual content, and campaign strategies are generated continuously, and their commercial value depends on clear IP ownership and proper rights allocation between agencies, freelancers, and clients.
The principal legal challenges in this industry involve ensuring effective transfer of copyright from creators to commissioning parties, conducting pre-launch IP clearance for campaign materials to avoid third-party infringement claims, and structuring talent and influencer agreements with appropriate rights provisions.
ADVANCE PARTNERS acts as local IP counsel for advertising agencies, marketing firms, PR companies, and their corporate clients. We provide legal support in copyright structuring, trademark prosecution for agency brands and campaign identifiers, and IP clearance for advertising content in Ukraine.
Our services
- Copyright Protection and Assignment: Drafting copyright assignment agreements and work-for-hire contracts for engagement with freelance designers, copywriters, photographers, and production teams. Copyright registration for advertising campaigns, creative concepts, and audiovisual content.
- Trademark Protection: Registration and enforcement of trademarks for advertising agency brands, marketing platform names, campaign identifiers, and distinctive slogans across relevant Nice Classification classes.
- IP Clearance for Campaigns: Pre-launch clearance of advertising materials, including verification of rights to third-party images, stock photography, music, video footage, and fonts. Assessment of trademark conflicts for campaign names and product slogans.
- Influencer and Talent Agreements: Structuring endorsement contracts, influencer partnership agreements, and talent engagement arrangements with clear provisions on IP ownership, usage scope, territorial and temporal limitations, and content approval procedures.
- Advertising Regulatory Compliance: Advisory on the compliance of advertising content with Ukrainian advertising law requirements, including restrictions on comparative advertising, use of regulated claims, and mandatory disclosure provisions.
Key legal issues
We provide legal support on specialized matters relevant to advertising agencies, marketing firms, and creative studios:
- Agency-Client IP Ownership Disputes: Advisory on the allocation of IP rights between advertising agencies and their clients. Structuring contractual frameworks that clearly define ownership of creative concepts, campaign materials, and derivative works. Representation in disputes over contested IP ownership.
- AI-Generated Marketing Content: Advisory on the copyrightability of content produced using generative AI tools under Ukrainian law. Risk assessment regarding the use of third-party protected materials in AI prompts and training data.
- Copyright Enforcement Against Plagiarism: Enforcement of copyright against unauthorized reproduction, adaptation, or imitation of advertising campaigns and creative concepts by competitors. Civil proceedings for damages and injunctive relief.
- Music and Image Licensing: Advisory on the clearance and licensing of musical works, sound recordings, photographs, and stock content for use in advertising campaigns. Negotiation of synchronization licenses and usage rights with collective management organizations and individual right holders.
- Domain Names and Digital Identity: Registration and enforcement of domain names for campaign sites and brand landing pages. Dispute resolution for cybersquatting and unauthorized use of agency or campaign trademarks in the .ua domain zone.
