Date of publication: 14 October 2024
Iryna Kyrylenko, Head of the Legal Department, Ukrainian Red Cross Society
Olena Sereda, Attorney at Law, Ilyashev & Partners Law Firm
Source: Yurydychna Gazeta
The Red Cross Emblem (hereinafter called the “Emblem”) – a red cross on a white background – is one of the most recognized symbols in the world. It serves two primary purposes: protection and identification. As a protective symbol, the Emblem visibly indicates the protection provided under the Geneva Conventions and their Additional Protocols to medical personnel, medical units, and medical vehicles. As an identifying mark, it signifies affiliation with the International Red Cross and Red Crescent Movement.
The Red Cross Emblem holds special international significance, and its protection against unauthorized use is essential, especially in today’s world. Unauthorized use of the Emblem, whether without permission or for non-humanitarian purposes, can cause confusion, misinterpret its meaning, and, most importantly, endanger the lives and safety of those working in conflict zones.
Legal Regulation
Countries around the world have laws to protect the Red Cross Emblem from misuse. As a signatory to the Geneva Conventions, Ukraine also has legal mechanisms to protect the Emblem within its territory.
The Non-Governmental Organization Ukrainian Red Cross Society (hereinafter referred to as the “Society”) operates in accordance with the Constitution of Ukraine, international humanitarian law, the Statutes of the International Red Cross and Red Crescent Movement, resolutions of the International Conference of the Red Cross and Red Crescent, and the Law of Ukraine on the Symbols of the Red Cross, Red Crescent, Red Crystal in Ukraine, as well as the Society’s own Statute.
The Society’s Statute is the primary document governing its activities, developed in alignment with the Statutes of the International Red Cross and Red Crescent Movement and the International Federation of Red Cross and Red Crescent Societies, as well as the fundamental principles of the International Movement.
According to the Statute, the Society has the exclusive right to use the symbols (Emblem, flag, name, distinctive signals) of the Red Cross in accordance with the provisions of the Decree of the President of Ukraine of 28 October 1992, No. 48/92 on the Ukrainian Red Cross Society, the Law of Ukraine on the Symbols of the Red Cross, Red Crescent, Red Crystal in Ukraine, the rules for the use of the Red Cross and Red Crescent Emblem by national societies (1991), adopted by the XX International Conference (Vienna, 1965) and revised by the Council of Delegates (Budapest, 1991), Additional Protocol III of 8 December 2005 (Geneva, 2005), paragraph 2 of Resolution 1 of the XXIX International Conference of the Red Cross and Red Crescent of 22 June 2006 and the Statute of the URCS for the purposes determined by the International Conferences of the Red Cross and Red Crescent, in accordance with the Geneva Conventions relative to the Protection of War Victims of 12 August 1949 “. In addition, the Statute states that one of the main objectives of the Society is to cooperate with state authorities to ensure compliance with international humanitarian law. This includes protection of the Red Cross and Red Crescent Emblems and other emblematic names protected by international humanitarian law.
Under the 1949 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces, the Red Cross Emblem and the terms “Red Cross” or “Geneva Cross” may only be used to designate and protect medical formations, institutions, personnel, and equipment that are covered by the protection granted by this Convention and similar treaties, both in times of peace and war.
In peacetime, National Red Cross Societies (such as the Red Crescent and the Red Lion and Sun Society) may also use the Emblem in accordance with national legislation for activities that adhere to international Red Cross principles.
This Convention also establishes that it is always prohibited for individuals, societies, firms or companies, whether public or private, other than those authorized to do so under this Convention, to use the Emblem or name “Red Cross” or “Geneva Cross” or any sign or name imitating them, regardless of the purpose of use or the date of adoption.
In accordance with the provisions of the Paris Convention for the Protection of Industrial Property, the countries of the Union agree to refuse or invalidate the registration and prohibit, by appropriate measures, the use, without the authorization of the competent authorities, of coats of arms, flags, and other state emblems of EU countries, as well as official signs and control and guarantee marks established by them, or any heraldic imitations thereof, as trademarks or elements of such trademarks.
The provisions above shall also apply to the coats of arms, flags, other emblems, and abbreviated or full names of international intergovernmental organizations of which one or more Union countries are members. This excludes coats of arms, flags, and other emblems, or abbreviated or full names already covered by existing international agreements intended to secure their protection.
According to the Law of Ukraine on the Symbols of the Red Cross, Red Crescent, and Red Crystal in Ukraine, the Ukrainian Red Cross Society is the only Ukrainian organization that has the right to use the Red Cross symbols with a distinctive function for purposes and activities that comply with the principles set forth by the international conferences of the Red Cross and Red Crescent.
The Convention further stipulates that private individuals, organizations, firms, or companies, whether public or private, are strictly prohibited from using the Emblem or the name “Red Cross” or “Geneva Cross”, or any imitations thereof, unless authorized by the Convention. This restriction applies regardless of the purpose or adoption date.
Under the provisions of the Paris Convention for the Protection of Industrial Property, the countries of the Union agree to reject or invalidate the registration of trademarks that use coats of arms, flags, or other state emblems of EU countries without the permission of competent authorities. This also includes official signs and marks used for certification and control, as well as any imitation of these symbols from a heraldic perspective.
These provisions also apply to the coats of arms, flags, and other emblems, as well as the abbreviated or full names, of international intergovernmental organizations to which one or more Union countries belong. However, exceptions are made for symbols and names already protected under international agreements.
According to the Law of Ukraine on the Symbols of the Red Cross, Red Crescent, and Red Crystal in Ukraine, the Ukrainian Red Cross Society is the sole organization in the country authorized to use the Red Cross symbols for recognition purposes in accordance with its activities, which must comply with the principles established by international Red Cross and Red Crescent conferences.
This law also strictly prohibits the use of the Red Cross, Red Crescent, or Red Crystal emblems or any combination of these symbols. It also prohibits the terms “Red Cross”, “Red Crescent”, or “Red Crystal”, in any form. The use of trademarks, signs, or signals that imitate these symbols (through similar colours or imagery) or that could lead to confusion, regardless of the intent, is strictly forbidden.
It is unlawful to use these emblems or terms on signs, posters, announcements, leaflets, or goods and packaging. It is also unlawful to sell or attempt to sell goods bearing such markings. The circulation of products marked in this way, or the use of these emblems or terms in connection with other emblems or names in violation of this law and related rules, is also prohibited.
Additionally, the use of the words “Red Cross”, “Red Crescent”, or “Red Crystal”, or combinations thereof, in the names of enterprises, institutions, or organizations, regardless of their ownership form, is forbidden. The depiction of these emblems on goods and services, industrial designs, or the use of these words or images as part of a trademark or design is prohibited under Ukrainian law.
Permission to use the emblem within Ukraine can only be granted by the National Committee of the Ukrainian Red Cross Society. This is subject to the condition that the services are provided free of charge.
The Society uses the Red Cross Emblem in accordance with the Law of Ukraine on the Symbols of the Red Cross, Red Crescent, and Red Crystal in Ukraine.
Misuse of the Emblem
Any misuse of the Red Cross Emblem – whether through imitation, deception, or unauthorized use – undermines its protective function and significantly reduces the effectiveness of the Society’s operations.
Unfortunately, illegal use of the Red Cross Emblem has become common. For this reason, the Society, in collaboration with Ilyashev & Partners Law Firm, continues its ongoing efforts to combat these violations.
Through joint efforts, several cases of unauthorized use of the Emblem in medical centres logos – none of which had received permission from the National Committee of the Ukrainian Red Cross Society – have already been successfully addressed.
Ilyashev & Partners Law Firm, representing the Society’s interests, issued warning letters to the violators, urging them to cease their unauthorized use of the Emblem. These letters emphasized that the use of the Emblem misleads recipients of services provided by these medical centres, as logos containing the Red Cross Emblem lack legal protection and constitute unfair practices.
For instance, Medinfoservice, a private enterprise, and Medical Centre Dialysis Plus LLC used the Red Cross Emblem in their business operations. This included websites, business documents, advertising, software interfaces, and other mediums. However, after receiving the warning letters, both companies promptly ceased their unauthorized use of the Emblem.
It is understood by the Society and Ilyashev & Partners Law Firm that many of the violators may not have known the Emblem’s significance or the legal prohibition against its use, and therefore, these infringements were likely unintentional.
Nevertheless, not all violators comply after warnings. In some instances, the Society, together with Ilyashev & Partners Law Firm, was compelled to take legal action to halt the unauthorized use of the Emblem.
Several cases were resolved through settlement agreements, which were approved by the courts:
- Case No. 906/1190/20: The Society’s claim against Medical Center Asklepiy Plus LLC regarding the unauthorized use of the Red Cross E The settlement agreement was approved by the Commercial Court of the Zhytomyr Region on 3 November 2020.
- Case No. 910/6793/23: The Society’s claim against Medical Center Medelweiss LLC. The settlement agreement was approved by the Commercial Court of Kyiv on 25 July 2023.
- Case No. 910/18843/23: The Society’s claim against Medicentr Ukraine LLC regarding the cessation of the use of the Red Cross E The settlement agreement was approved by the Commercial Court of Kyiv on 19 June 2024.
Another prominent case involved the large pharmacy chain Med-Service, which illegally used the Red Cross Emblem in over 400 pharmacies across 100 cities and towns in Ukraine. The pharmacies displayed the Emblem on their signage, in advertisements, and online. The battle to address this widespread misuse continues.
To protect its interests, the Ukrainian Red Cross Society, together with the Ilyashev & Partners Law Firm, filed a claim demanding the invalidation of the Med-Service trademark. This trademark contained an image resembling and imitating the Red Cross Emblem.
The court proceedings in this case lasted over four years. Ilyashev & Partners Law Firm successfully represented the Society in all instances, proving the pharmacy chain’s illegal use of the Red Cross Emblem. The Supreme Court issued the final judgment, which upheld the lower courts’ decisions and declared the “Med-Service” trademark invalid. Following this decision, Ukraine’s Institute of Intellectual Property (Ukrpatent) entered information regarding the invalidation of certificate No. 38130 for the “Med-Service” trademark into the State Register of Certificates of Ukraine for signs for goods and services.
This Supreme Court judgment is significant, as it was the first in Ukraine’s history to address the illegal use of the Red Cross Emblem. It sets a crucial precedent, enabling the prevention of numerous violations related to the misuse of the Emblem.
However, despite the court judgment, the largest pharmacy chain in Ukraine initially failed to comply and continued using the Red Cross Emblem in its operations. Nevertheless, through persistent efforts, the Ukrainian Red Cross Society and Ilyashev & Partners Law Firm successfully persuaded the chain to cease using the Emblem and initiated a rebranding process. The pharmacy chain’s commitment to discontinue using the Red Cross Emblem was formalized in an agreement.
The use of the Red Cross Emblem during wartime violates international humanitarian law, but also risks undermining the Emblem’s credibility. Any misuse can diminish its protective function, seriously impairing essential assistance on the battlefield. This, in turn, endangers those in need’s lives and safety.
If you become aware of any illegal use of the Red Cross Emblem, please notify the experts at the National Committee of the Red Cross Society by sending an email to national@redcross.org or ihl@redcross.org.ua, or by contacting their official social media page at https://www.facebook.com/RedCrossUkraine/.
