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Intellectual property Protection of intellectual property rights

Zal Dmytro Oleksandrovych

Attorney

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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.

Protection of intellectual property rights

In the modern world, intellectual property, as well as other types of property, is often the object of illegal actions by other citizens, which in turn creates the need for its legal protection. However, in order to effectively protect intellectual property rights, it is necessary to clearly understand the actual problems of solving such issues in practice and to have a clear strategy for its implementation. The legal company “Prykhodko and partners” provides a full package of legal services for the resolution of any disputes and disagreements in the field of acquisition or termination of intellectual property.

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What does the right of intellectual property extend to?

From the analysis of the provisions of the CCU, one can come to the conclusion that intellectual property right is the right of a person to the result of intellectual, creative activity or to another object of intellectual property right, defined by regulatory legal acts.

Thus, the objects of intellectual property rights should include:

literary and artistic works;
computer programs;
compilation of data (databases);
inventions, useful models, industrial samples, etc.;

The above list is indicated in part, and therefore its full content can be found in Art. 420 Central Committee.

What is the definition of the form of protection and how can intellectual property rights be protected?

The form of protection of intellectual property rights is a system of organizational measures aimed at protecting the rights and legitimate interests of subjects of intellectual property rights (authors, inventors, creators, developers, etc.).

Today, there are two ways to protect intellectual property rights, namely:

pre-trial resolution of the dispute (non-jurisdictional method);
judicial resolution of the dispute (jurisdictional method).

The essence of the pre-trial settlement of the dispute is that legal entities or individuals take actions independently to protect intellectual property rights without recourse to state authorities or other competent authorities. That is, the person actually carries out self-defense, which should not contradict the current legislation of Ukraine.

In turn, the judicial resolution of the dispute implies that a natural or legal person turns to the judicial authorities, because he sees the presence of violations in the field of intellectual property on the part of illegal actions of other persons.

In addition, it is worth noting that the jurisdictional method of protecting intellectual property rights is also divided into two types:

general procedure – a person applies directly only to judicial authorities for the protection of the violated right, and such cases are considered in the order of criminal, civil or commercial proceedings;
special procedure – a person applies for the protection of his violated right to the relevant state body or public organization. For example, to the highest organization of the defendant, a creative union in which the defendant is a member, or to an antimonopoly body. This type of dispute is most often considered in the order of administrative proceedings.

Importantly! The most effective way to protect violated rights in practice in the field of intellectual property is the jurisdictional form, since citizens often cannot settle disputes or disagreements voluntarily.

The price of intellectual property rights protection services

What is the responsibility of citizens if they violate the intellectual property of other persons by illegal actions?

The regulatory and legal acts of Ukraine currently provide for three types of liability, namely:

criminal – a fine is applied, the amount depends on the qualification of the act and part of the article (Articles 176, 177, 229 of the Criminal Code);
administrative – a fine is applied (Article 51-2 of the Criminal Procedure Code);
civil – the right of a person to appeal to the court (Article 432 of the Civil Code).

What services for the protection of intellectual property rights does the legal company “Prykhodko and Partners” provide?

legal consultations and full legal support regarding consideration of the situation from a legal point of view;
legal analysis of your case and recommendations on a strategy for the protection of intellectual property rights;
implementation of measures for pre-trial settlement of the dispute, by conducting negotiations with the parties, sending letters of claims regarding violations of intellectual property rights;
representation of the client’s interests in judicial authorities and other state structures;
preparation and compilation of a package of procedural documents necessary for the case;
implementation of protection against unfair competition;
collection of evidence in a case that establishes a violation of intellectual property rights;
filing appeals and cassation appeals against decisions of courts of first instance;
control over the execution of the court decision;
development and state registration of agreements in the field of intellectual property (license agreement, agreement on the transfer of property rights, etc.);
providing advice on correct trademark registration, obtaining patents for inventions, protecting trade secrets;
analysis of changes to regulatory legal acts of Ukraine and their potential impact on intellectual property as a whole.

If you need the protection of intellectual property rights, in such a situation, the best option would be to contact professional lawyers – the legal company “Prykhodko and Partners”. Our team has many years of experience in working with cases related to the protection of intellectual property rights, so you can be sure that you will receive only qualified help.

We always work for results for our clients. To calculate the price for the provision of services for the protection of intellectual property rights, fill out the form below.

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Intellectual property

A claim of improper use of a trademark Accelerated trademark registration in Ukraine Agreement on creation to order and use of the object of intellectual property rights Agreement on the transfer of ownership of a trademark Appealing a refusal to register a trademark in Ukraine Appealing the refusal to register a patent for an industrial design, utility model or invention Barcode registration: how to make a barcode for a product Book copyright registration Brand name registration Brand registration in the USA for business on Amazon (Amazon Brand Registry) Certification of cosmetics (cosmetic products) Commercial concession contract Compensation for copyright infringement Consultation of a lawyer on copyright Copyright lawyer Copyright on project documentation: legal aspects and practical recommendations Copyright registration Copyright transfer agreement Copyrights protection in court Counterfeit lawyer Create License agreement Development of a license agreement for the object of intellectual property rights Development of an agreement on the transfer of rights to intellectual property objects Disposal of intellectual property rights Drafting a Copyright Agreement Entering the object of intellectual property in the customs register Evaluation of intellectual property Fight against counterfeiting and piracy Filing a complaint with the DMCA Industrial design patent Inspection of patent purity Intellectual property infringement Intellectual Property Lawyer Intellectual property protection on the Internet International patent search International registration of a patent for an industrial design International registration of industrial designs International registration of the invention International Trademark Registration Internet piracy lawyer Invalidation of a trademark certificate IP Due Diligence (Audit) for Business Legal protection against product copying Legal protection of the trademark Legal support for continuation of the line of this trademark Logo registration Objection to the registration of an industrial design Objection to trademark registration Obtaining a trademark certificate Patent for a utility model for military purposes (weapons) Patent registration for intellectual property in Ukraine Patent search in Ukraine Patenting an invention (know-how) in Ukraine Plagiarism lawsuit Preparation of contracts in the field of intellectual property Protection against counterfeiting Protection of intellectual property rights Protection of trademark rights Recognition of a trademark as well-known in Ukraine Register a cryptocurrency name Register copyright on poems Register the copyright of the picture Register the copyright of the song Register TM in Ukraine Registration of a patent for an invention Registration of a patent for an invention in Ukraine Registration of a pseudonym of an artist / media personality Registration of a trademark in the customs register of Ukraine Registration of an international trademark through the Madrid system Registration of Copyright for Music Registration of intellectual property Registration of rights to an industrial design Registration of software copyrights Registration of the copyright Registration of the store name Registration of trademarks Response to objection to registration of intellectual property/industrial design Software copyright registration Software licensing Song copyright registration Sublicense agreement TM protection at customs TM registration Trademark check for novelty (plagiarism) Trademark License Agreement Trademark protection in Ukraine Trademark registration Trademark Registration for IT Projects and Startups Trademark registration in China Trademark registration in foreign countries Trademark registration in France Trademark registration in Germany Trademark registration in the USA Trademark registration in Ukraine Transfer of rights and issuance of licenses for the object of intellectual property Transfer of rights to an industrial design Utility model patent – price of patent registration in Ukraine Utility model patent – Utility model patenting in Ukraine Valuation of intellectual property rights Work Copyright Registration