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.
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.
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.