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Intellectual property Intellectual property infringement

Zal Dmytro Oleksandrovych

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zal@prikhodko.com.ua

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Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Intellectual property infringement

Unauthorized use, copying, distribution and other encroachment on intellectual property (hereinafter referred to as IP) is a gross violation of the rights of the author or inventor. Such actions contradict the exclusive property and personal non-property rights of a person and can cause him both material and moral damage. Violation of IP rights has a significant negative impact not only on the right holder himself, but also on the country’s economy as a whole, since such actions reduce the potential for investment development and spread cases of unfair competition among businesses. In this article, we will consider the key points of IP rights and their protection.

Intellectual property: main categories of objects subject to protection

Copyright

Intellectual property covers the results of human creative activity, which are represented by works of authorship in the field of literature, science and art. It is worth emphasizing: protection of such works does not arise from the moment of obtaining a special certificate or patent (as is the case with the same industrial property), but from the moment of their creation and publication.

Roughly, based on the Law of Ukraine No. 2811-IX, the following objects of copyright can be distinguished:

artistic works, in particular novels, stories, short stories, poems, scripts, etc.;
scientific monographs, articles, dissertations, textbooks;
computer programs, data compilations;
audiovisual works (films, television programs, animation);
works of fine art, including paintings, sculptures, photographs;
works of architecture, urban planning and landscape art, and others.

Important! Separately, objects of related rights are also distinguished, the list of which is limited to the performance of works (by actors, musicians, conductors, etc.), phonograms and videograms, and programs of broadcasting organizations (radio and television broadcasts). To learn about the features of the protection of both copyright and related rights, we recommend consulting our IP lawyer.

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Industrial property

Objects that belong to this category of IP rights are used mainly in business. And to obtain legal protection, their state registration is required in accordance with the procedure prescribed by law. Among the main objects, it is worth highlighting:

first, an industrial design (protects the appearance of a product, its parts);
second, an invention or utility model (provides legal protection for a new technology, device);
third, a trademark (protects designations to distinguish individual goods, services from others);
fourth, a geographical indication (the name of a place to designate a product is subject to legal protection);
finally, a commercial (company) name (as a rule, is part of a trademark).

Important information! Quite often, individual objects of industrial property can also be protected as objects of copyright (for example, a logo used in a trademark). The method of protection in such a case depends on the actual circumstances and the desired results for the client.

It will also be useful: Development of an agreement on the transfer of rights to intellectual property objects

Main types of intellectual property infringement

Conditionally, it is possible to divide the types of infringements into categories:

in the field of copyright. Most often, this is the publication of someone else’s work under one’s own name (plagiarism), making copies of a work without permission (piracy, manufacturing counterfeit products), violating the right to the integrity of a work (reproduction);
in the field of industrial property. Among the main ones, it is worth highlighting, first of all, the illegal use of a trademark that is identical or very similar to an existing designation, offering for sale a product that contains a patented industrial design, misleading consumers about the true place of origin of the product through the use of the corresponding geographical indication.

How to sue for intellectual property infringement?

Filing a lawsuit is a serious step that requires careful preparation and compliance with the established procedure. In Ukraine, cases of intellectual property rights infringement are considered by commercial and civil courts. Below is the basic procedure for filing a claim in court:

Step 1: Gathering evidence of infringement. You must prove the fact of infringement of your rights and provide the court with a document confirming the rights to the relevant IP object (certificate, patent, license agreement), recording the infringement (samples of counterfeit products, web pages, expert opinions on the similarity of trademarks, etc.), evidence of taking pre-trial measures to resolve the dispute (claims against the infringer, complaints to the Antimonopoly Committee, etc.);
Step 2. Preparing a statement of claim. A correct claim must meet the requirements established by the Civil or Commercial Procedure Code (in terms of content) and contain mandatory annexes (power of attorney, other document confirming the authority of the representative, copies of the claim for other parties to the dispute, receipt for payment of the court fee, etc.);
Step 3. Filing a claim with the court. Under general jurisdiction, the claim is filed with the court at the location of the defendant in the case. It can be filed through the registry of the relevant court (in person, by mail), through the Electronic Court (filed by a lawyer);
Step 4. Payment of the court fee. The fixed amount is determined in the Law of Ukraine No. 3674-VI.

Liability for violation of intellectual property rights

Administrative

Liability is provided for by Article 51-2 of the Code of Administrative Offenses for the following actions: illegal use of an IP object; appropriation of authorship of an object; other intentional violation of rights. The possibility of imposing a fine for each violation, confiscation of illegally manufactured products is also provided.

Criminal

Criminal liability is provided for by Articles 176 and 177 of the Criminal Code of Ukraine regarding illegal reproduction, distribution of works (if this caused material damage in a significant amount), as well as inventions, industrial designs, etc. The violator will be punished in the form of a fine of 3400 UAH, corrective labor, arrest, confiscation of illegally manufactured products.

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Filing a complaint with the Antimonopoly Committee in case of violation of intellectual property rights: main points

It is also quite common to file a complaint with the Antimonopoly Committee in case of violation of the law on fair competition in the market (Law of Ukraine No. 236/96-VR). This can also be combined with filing a lawsuit in court in the future.

When filing a complaint, it is important not only to violate intellectual property rights, but also to have signs of unfair competition in the actions of the violator. These may include:

unlawful use of signs (trademarks) that are misleading;
creating obstacles to economic activity (for example, illegal distribution of a competitor’s products);
unlawful use of trade secrets, etc.

By contacting the intellectual property lawyers of the Law Firm “Prikhodko & Partners”, you will receive qualified support at all stages of protecting your rights. To find out the price of legal support, fill out the form below.

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Disposal of intellectual property rights

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Agreement on creation to order and use of the object of intellectual property rights

Entering the object of intellectual property in the customs register

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Intellectual property

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