Intellectual Property - Registration and Protection of Rights

Intellectual Property Lawyer

An intellectual property lawyer helps authors, companies, startups, developers, and brand owners legally formalize, use, transfer, and protect the results of creative, technical, and innovative activity.

Intellectual property rights may apply, in particular, to:

• trademarks;
• literary, artistic, and other works;
• computer programs;
• databases;
• inventions;
• utility models;
• industrial designs;
• trade names;
• trade secrets;
• other objects provided by law.

The Civil Code of Ukraine defines intellectual property rights as a person’s rights to the result of intellectual or creative activity or another object defined by law. Personal non-property rights and economic rights may arise, be registered, and transferred under different procedures.

For a business, it is important not only to create an intellectual asset, but also to document who owns it, who may use it, and how it can be protected from competitors.

What Services Does an Intellectual Property Lawyer Provide?

Legal support may include:

• business IP audit;
• trademark registration;
• patenting of inventions and utility models;
• protection of industrial designs;
• copyright registration where the client requires an appropriate certificate;
• patent search;
• trademark search;
• license agreements;
• agreements on transfer of economic rights;
• NDAs and confidentiality agreements;
• formalization of software rights;
• protection against unauthorized use of IP;
• dispute support and court representation.

Business IP Audit

A company may use a logo, website, software product, or design for years while not actually controlling the rights to them from a legal perspective.

An IP audit helps determine:

• which intellectual assets the company actually uses;
• in whose name they are registered;
• who the author or inventor is;
• whether economic rights have been transferred to the company;
• whether agreements with employees and contractors have been properly executed;
• whether a trademark or another IP object should be registered;
• which rights are used under a license;
• whether there are risks of infringing third-party rights.

Such an audit is especially important before:

• raising investment;
• selling a business;
• an M&A transaction;
• entering an international market;
• franchising;
• transferring technology to a partner.

Trademark Registration

A trademark is used to distinguish the goods or services of one business from those of others.

It may be:

• a name;
• a logo;
• a word mark;
• a figurative mark;
• a combination of elements.

Before filing an application, the lawyer helps:

• check the designation;
• determine the classes of goods and services;
• assess the risk of conflict with earlier applications or registered trademarks;
• determine the owner of the future mark;
• prepare the application;
• support examination;
• respond to preliminary conclusions or objections.

In 2026, the Appeals Chamber of the Ukrainian National Office for Intellectual Property and Innovations continues to consider objections relating to trademark applications and other IP disputes, so even the registration procedure may require a separate legal position.

Copyright

Copyright does not arise only after state registration.

Current legislation provides that works are protected without any formalities from the moment they are created in an appropriate objective form.

Therefore, copyright registration primarily performs an evidentiary and organizational function.

This may be relevant for:

• texts;
• photographs;
• videos;
• music;
• design;
• scripts;
• computer programs;
• other works.

The lawyer helps determine:

• who the author is;
• who owns the economic rights;
• whether the rights have been transferred to the employer or customer;
• which agreement should be entered into;
• whether state registration is advisable.

Rights to Software

For an IT business, it is particularly important to distinguish between:

• the developer’s authorship;
• the company’s economic rights;
• the right to use third-party code;
• open-source licenses;
• the customer’s rights;
• contractors’ rights.

A common problem arises when a company pays a developer, but the agreement does not contain proper provisions on the transfer of economic rights.

Therefore, we support:

• agreements with programmers;
• agreements with individual entrepreneur contractors;
• software development agreements;
• transfer of economic rights;
• software licensing;
• NDAs;
• IP clauses in employment and commercial agreements.

Patenting Inventions and Utility Models

Patent protection may be available for technical solutions.

For an invention, the key criteria include:

• novelty;
• inventive step;
• industrial applicability.

Before filing an application, it is advisable to conduct a patent search and identify the closest prior art.

A lawyer and patent specialist help:

• analyze the technical solution;
• determine the patentable subject matter;
• conduct the search;
• prepare the description;
• draft the claims;
• file the application;
• support examination;
• respond to requests and conclusions of the patent office.

Industrial Design

An industrial design is used to protect the appearance of a product or part of a product.

This may include:

• shape;
• lines;
• contours;
• colors;
• texture;
• ornamentation;
• a combination of these elements.

Such protection may be relevant for:

• furniture;
• packaging;
• equipment;
• product elements;
• fashion products;
• other design solutions.

Patent Search

A patent search may be conducted for different purposes.

For example:

• assessment of the novelty of an invention;
• prior art analysis;
• search for competitor patents;
• patent landscape;
• Freedom to Operate;
• monitoring of new applications.

It is important not to confuse patentability searches with freedom-to-operate analysis.

The first helps assess the prospects of obtaining your own patent, while the second assesses the risk of infringing existing third-party rights when launching a product.

Intellectual Property Agreements

The existence of a right does not itself answer the question of who may use it and on what terms.

The lawyer helps prepare:

• a license agreement;
• an agreement on transfer of economic rights;
• an author agreement;
• an NDA;
• an agreement with a designer;
• an agreement with a programmer;
• an agreement with an inventor;
• an agreement with a marketing or creative agency;
• other IP provisions in commercial agreements.

The agreement should clearly determine:

• which rights are transferred;
• the territory;
• the term;
• methods of use;
• remuneration;
• the right to modify;
• the possibility of sublicensing;
• the parties’ liability.

Transfer of Economic Rights

For a business, it is essential to understand the difference between:

• transfer of exclusive economic rights;
• granting a right of use under a license;
• performance of work under an agreement without proper transfer of IP rights.

For example, paying a designer to create a logo does not always mean that all necessary economic rights automatically pass to the customer in the required scope.

Therefore, IP agreements should be formalized at the stage when the asset is created.

Commercialization of Intellectual Property

IP can not only be protected but also used as a business asset.

For example:

• grant licenses;
• transfer rights;
• use IP in franchising;
• include it in an investment transaction;
• integrate it into the business model of a technology product;
• grant rights to partners on defined terms.

In 2026, legislation also continues to develop mechanisms for the practical use and commercialization of intellectual property.

Protection of a Trademark Against Unauthorized Use

Infringement may include:

• use of an identical or similar name;
• copying a logo;
• placing the designation on goods;
• use in advertising;
• use in a domain name;
• sale of counterfeit products;
• other forms of unauthorized use.

The lawyer may:

1. document the infringement;
2. check the parties’ rights;
3. prepare a formal claim;
4. conduct negotiations;
5. demand termination of the use;
6. develop a court strategy.

Copyright Protection

Copyright may be infringed through:

• copying content;
• using photographs without permission;
• copying a design;
• using a software product;
• publishing another person’s work;
• unlawful distribution of materials.

Before sending a claim or filing a lawsuit, it is important to properly document the use and confirm the client’s rights.

Patent Rights Protection

If a competitor uses patented technology, it is necessary to establish more than just visual similarity between products.

The following are analyzed:

• the patent claims;
• the technical features of the product;
• the legal status of the patent;
• the territorial scope;
• the term of the rights;
• the actual manner in which the technology is used.

Only after that can the existence of an infringement be assessed.

International Intellectual Property Protection

Intellectual property rights are territorial, so entering foreign markets requires a separate strategy.

The following may be used:

• national procedures;
• international trademark registration systems;
• the international PCT patent procedure;
• regional mechanisms;
• a combination of several protection methods.

It is important to determine in advance:

• countries of sale;
• countries of manufacture;
• key markets;
• competitors;
• budget;
• territorial scope of future protection.

What to Do If Your IP Is Already Being Used Without Permission

Recommended sequence:

1. Preserve the evidence. Document the website, product, advertisement, publication, or other use.
2. Check your own rights. Determine the documents and scope of protection.
3. Identify the infringer.
4. Assess the scale of the infringement.
5. Prepare a demand or formal claim.
6. Conduct negotiations.
7. If necessary, apply to court or use another appropriate protection mechanism.

Stages of Cooperation with an Intellectual Property Lawyer

1. Consultation. We identify the IP object and the business objective.
2. IP audit. We review existing rights and documents.
3. Strategy. We determine what should be registered, patented, or formalized by agreement.
4. Search. Where necessary, we check trademarks, patents, or other rights.
5. Document preparation. We prepare applications, agreements, claims, or procedural documents.
6. Legal support. We represent the client before the IP office, counterparties, or other institutions.
7. Protection. We respond to unauthorized use or disputes.
8. Commercialization. Where necessary, we formalize licensing or transfer of rights.

Cost of Intellectual Property Legal Services

The cost depends on:

• the type of IP object;
• whether protection is required in Ukraine or internationally;
• the need for a preliminary search;
• the number of trademark classes;
• the complexity of the invention;
• the number of agreements;
• the scope of the IP audit;
• the existence of an infringement;
• the need for court proceedings;
• the format of full legal support.

Common Intellectual Property Tasks

Conclusion

Intellectual property may be one of a company’s most valuable assets, but the rights must be properly formalized and connected with the actual business. Trademark or patent registration, agreements with authors and developers, protection of confidential information, and timely response to infringements form a comprehensive IP strategy that makes it possible not only to protect assets, but also to use them for business development and commercialization.

Do you have a brand, software product, technology, design, or another intellectual asset and are unsure how to protect it properly? Submit a request on the Prikhodko & Partners Law Firm website. A lawyer will conduct an initial IP audit, determine the appropriate protection mechanisms, and prepare a practical plan for registration, agreements, or enforcement of rights.