In the context of the economic crisis, there are more and more cases of unfair competition, actions capable of causing confusion in any way with respect to the enterprises, products, industrial or commercial activities of a competitor, false statements in the conduct of commercial activities that are capable of discrediting the enterprise, products, industrial or commercial competitor's activities, indications or statements, the use of which in the course of commercial activities may mislead the public about the nature, method of manufacture, properties, suitability for use or quantity of goods, as well as unauthorized distribution of copyrighted material, such as software, musical compositions, films, books, computer games, illegal copying and sale; making a copy and giving it to someone else; in some cases, the resale of a legally acquired copy.
All these and many other violations speak of the need to know your rights and obligations in relation to intellectual property.
We will help protect ourselves and the right to the result of our intellectual activity, as well as avoid financial losses.
First, let's define what an intellectual property right is.
Intellectual property
Intellectual property right is the right of a person to the result of intellectual activity or to another object of intellectual property right, which consists of:
- personal non-property intellectual property rights and (or)
- intellectual property rights
No one may be deprived of intellectual property rights or restricted in their exercise, except in cases provided by law. And if someone is trying to infringe or has already infringed on your legal rights, we will protect the rights of intellectual property in court. In particular, protection is provided for any of the following objects of intellectual property rights, in particular:
- literary and artistic works;
- computer programs;
- compilations of data (databases);
- executions;
- phonograms, videograms, programs (programs) of broadcasting organizations;
- scientific discoveries;
- inventions, utility models, industrial designs;
- layouts (topographies) of integrated circuits;
- rationalization proposals;
- plant varieties, animal breeds;
- commercial (company) names, trademarks (marks for goods and services), geographical indications;
- trade secrets.
Subjects of intellectual property rights are: the creator (creators) of an object of intellectual property rights (author, performer, inventor, etc.) and other persons who own personal non-property and (or) property intellectual property rights in accordance with the law or contract.
Moral rights
Personal non-property intellectual property rights are:
- the right to recognize a person as a creator (author, performer, inventor, etc.) of an object of intellectual property rights;
- the right to prevent any infringement on the right of intellectual property that could damage the honor or reputation of the creator of the object of intellectual property rights;
- other personal non-property intellectual property rights established by law.
Personal non-property intellectual property rights belong to the creator of the object of intellectual property rights. In cases provided for by law, personal non-property intellectual property rights may belong to other persons. Personal non-property intellectual property rights do not depend on proprietary intellectual property rights. Personal non-property intellectual property rights cannot be alienated (transferred), with the exceptions established by law.
Property rights
The intellectual property rights are:
- the right to use the object of intellectual property rights;
- the exclusive right to authorize the use of an object of intellectual property rights;
- the exclusive right to prevent the unlawful use of an object of intellectual property rights, including prohibiting such use;
- other proprietary intellectual property rights established by law.
The law may establish exceptions and limitations in proprietary intellectual property rights, provided that such limitations and exceptions do not create significant obstacles to the normal exercise of proprietary intellectual property rights and the legitimate interests of the subjects of these rights.
A person who has the exclusive right to authorize the use of an object of intellectual property rights may use this object at his own discretion, while respecting the rights of others. The use of an object of intellectual property rights by another person is carried out with the permission of a person who has the exclusive right to authorize the use of an object of intellectual property rights, except in cases of lawful use without such permission. The conditions for granting permission (issuing a license) for the use of an object of intellectual property rights may be determined by a license agreement.
Intellectual property rights may, in accordance with the law, be a contribution to the authorized capital of a legal entity, the subject of a pledge agreement and other obligations, as well as be used in other civil relations.
Intellectual property rights may be transferred in whole or in part to another person. The conditions for the transfer of property rights to intellectual property may be determined by an agreement.
An intellectual property right owned by several persons jointly may be exercised under an agreement between them. In the absence of such an agreement, the intellectual property right owned by several persons shall be exercised jointly.
The law provides for separate regulation of intellectual property rights to an object created in connection with the fulfillment of an employment contract, as well as to an object created to order. Personal non-property intellectual property rights to an object created in connection with the performance of an employment contract belong to the employee who created this object. In some cases, individual non-property intellectual property rights to such an object may belong to a legal or natural person where or for whom the employee works. Intellectual property rights to an object created in connection with the fulfillment of an employment contract belong to the employee who created this object, and to the legal or natural person where or for whom he works, jointly, unless otherwise provided by the agreement. Personal non-property intellectual property rights to an object created by order belong to the creator of this object. In some cases, individual non-property intellectual property rights to such an object may belong to the customer. Intellectual property rights to an object created to order belong to the creator of this object and the customer jointly, unless otherwise provided by the contract. Violation of intellectual property rights, including non-recognition of this right or encroachment on it, entails liability established by law or contract.
In case of violation of intellectual property rights, each person has the right to apply to the court for the protection of his intellectual property right. The court, in cases and in the manner prescribed by law, may decide, in particular, on:
- the application of urgent measures to prevent infringement of intellectual property rights and the preservation of relevant evidence;
suspension of the passage through the customs border of Ukraine of goods, the import or export of which is carried out in violation of intellectual property rights; - withdrawal from circulation of goods manufactured or introduced into civil circulation in violation of intellectual property rights and destruction of such goods;
- withdrawal from circulation of materials and tools that were used primarily for the manufacture of goods in violation of the copyright holder or the withdrawal and destruction of such materials and tools;
- application of a one-time monetary penalty instead of compensation for losses for the unlawful use of an object of intellectual property rights. The amount of the penalty is determined in accordance with the law, taking into account the fault of the person and other circumstances of significant importance;
- publication in the media of information about the violation of intellectual property rights and the content of the court decision regarding such a violation.
Despite the increasing number of violations in the field of intellectual property rights, fortunately, there are ways to protect. The effectiveness of the defense depends on the correct interpretation of the violation from a legal point of view and the application of the appropriate method of protection, which requires a detailed legal analysis and analysis of judicial practice.
We will help you with this and will do our best to protect your intellectual property rights.
