PROTECTION OF INTELLECTUAL PROPERTY
Intellectual property, like any other type of property, is often subject to unlawful acts by third parties and, accordingly, needs legal protection.
According to the legislation of Ukraine, intellectual property rights include personal non-property rights (the right to recognize a person as the creator of an intellectual property object, etc.) and property rights (the right to use an object of intellectual property, the right to allow or prevent unlawful use, etc.) intellectual property rights are defined by regulatory acts, in particular, the Civil Code of Ukraine and relevant laws.
Obviously, to protect intellectual property rights, first of all, it is necessary to own this right, as well as to have documentary evidence of their rights (patent, certificate, license agreement, etc.). AB Prikhodko & Partners provides a full range of services for the qualified assistance in acquiring intellectual property rights.
If the relevant intellectual property right is documented, our lawyers provide legal support for the protection of intellectual property rights and the settlement of disputes in this area.
There are two forms of intellectual property protection:
– not jurisdictional.
In the case of a non-jurisdictional form of protection, the person whose rights have been violated, independently takes actions to protect his rights without the involvement of state bodies. Such actions may be, for example, the message of the offender of the offense committed by him with the proposal to resolve the dispute through negotiations.
Non-jurisdictional form of protection is cheaper, however, less effective than jurisdictional. As the long-term experience of our company shows, often, following a report of the offender about offenses, the right holder, whose rights are violated, is forced to file a lawsuit as a result of ignoring the offender’s message about his violation of rights.
Effective protection of intellectual property rights can provide qualified assistance of professionals.
According to the Civil Code of Ukraine (clause 2, article 432), the following ways of protecting intellectual property rights by a court are possible:
– taking immediate measures to prevent the violation of intellectual property rights and preserve relevant evidence;
– suspension of passage through the customs border of Ukraine of goods, the import or export of which is carried out in violation of intellectual property rights;
– exemption from civil circulation of goods manufactured or put into civil circulation with violation of intellectual property rights;
– exemption from civil circulation of materials and tools used primarily for the manufacture of goods with violation of intellectual property rights;
– the use of a single monetary penalty instead of damages for the unlawful use of an object of intellectual property rights. The size of the penalty is determined in accordance with the law, taking into account the guilt of the person and other circumstances of significant importance;
– publication in mass media of information on violation of intellectual property rights and the content of the court decision on such violation.
Our lawyers will help protect your personal property and property rights to intellectual property. Our company provides the following services:
- legal advice on violations of intellectual property rights;
- legal analysis of the situation, preparation of an expert opinion and selection of the optimal strategy aimed at stopping the violation or compensation of the caused losses;
- planning and conducting activities aimed at pre-trial settlement of the dispute (negotiation, preparation and distribution of complaint letters and letters of violation of intellectual property rights);
- representing clients in the Ministry of the Interior, the Anti-Monopoly Committee, the State Intellectual Property Service of Ukraine and its Appeals Chamber, the Ukrainian Institute of Industrial Property, the State Agency on Copyright and Related Rights and the judiciary;
- appeal against decisions of the Patent Office, including in court;
- protection against unfair competition;
- recognition of the invalidity of the security document in court;
- legal support (management) in the course of court proceedings in the court; collection of evidence of violation of rights;
- drawing up legal documents (lawsuits, appeals, appeals, etc.);
- participation in court sessions;
- control over the implementation of court decisions;
- protesting a court decision in higher instances;
- preparation of legally substantiated responses to claims of third parties in case of violation by the client of intellectual property rights of third parties;
- drawing up and state registration of agreements on disposition of intellectual property rights: licensing agreements, agreements for the transfer of rights, etc.;
- making changes to registered agreements on the disposal of intellectual property rights;
- trademark monitoring.
Author: Andrey Kubov