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Intellectual property |Practices

 

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, symbols, names and images used for commercial purposes.

From a legal point of view, IP is protected, for example, by patents, copyright and trademarks, allowing people to seek recognition or remove the financial benefit from the fact that they invented or created. Establishing the right balance between the interests of innovators and the wider public, IP helps to create the conditions for creativity to flourish and innovation.

Intellectual property is usually divided into two areas - industrial property, which generally protects inventions and copyright, which protects literary and artistic works.

Industrial property exists in many different forms. They include patents that protect inventions and industrial designs that are artistic and aesthetic decision that determines the appearance of industrial products. In addition, industrial property covers trademarks, service marks, topographies of integrated circuits, trade names and commercial designations, as well as geographical indications and protection against unfair competition.

Copyright includes literary works, such as books, music, paintings and sculptures, films and works created on the basis of technologies, including computer programs and electronic databases. In most European languages, other than English, copyright refers to the author's rights. The expression «copyright» (literally - the right to copy) refers to the main action, which - in relation to literary and artistic works - can only be done by the author or with his permission. Such action is to copy the work. The term "author's rights" refers to the creator of a work of art, i.e. its author. This indicates an accepted fact that the author has certain specific rights in his work, which can be carried out only to themselves (for example, the right to prevent a distorted reproduction). Other rights (including the right to copy) can be carried out by others, such as the publisher, who received it appropriate license (permission) from the author.

 

Types of intellectual property rights in accordance with Ukrainian legislation:

Objects of Copyright

  • literary work
  • music
  • work of art
  • work of decorative-applied art
  • piece of architecture
  • product mapping
  • photographic work
  • composite work
  • database
  • computer software
  • audio-visual work
  • stage work
  • product in the field of science
  • artwork in translation
  • product in the processing

Objects of related rights

  • performance of the work of art
  • phonograms, video
  • broadcasted programmes

Objects of industrial property rights

Results of invention and innovation

  • invention
  • utility model
  • design
  • improvement suggestion
  • topography of integrated circuits

Items for individualization of goods and participants in the economic turnover

  • domain name
  • sign for the goods and services (trade mark)
  • designation of origin
  • commercial name
  • design

Special objects

  • scientific discovery
  • plant variety
  • breed animals
  • trade secret
    • folklore and traditional knowledge

 

Protection of intellectual property

Each object of intellectual property requires special, peculiar only to it remedies. 

Judicial protection of intellectual property rights is provided by courts of general jurisdiction, economic courts of Ukraine, and in the sphere of public law relations -  by administrative courts. 

Responsibility for the offense in the sphere of economic activity is defined in the Commercial Code of Ukraine, according to which these types of economic sanctions are applied: compensation for damage; penalties; operational economic sanctions. 

Special Ukrainian legislation on intellectual property defines a lot of ways to protect intellectual property rights. 

The Criminal Code establishes criminal liability for violation of intellectual property rights in the form of fines, deprivation of the right to occupy certain positions or engage in certain activities, forced labor, confiscation of property, restrictions, or imprisonment for a fixed term. 

Administrative responsibility for violation of intellectual property rights under the Code of Administrative Offences applies, in particular, at: 

  • infringement of intellectual property rights;
  • implementation of actions which constitute acts of unfair competition; 
  • illegal distribution of copies of audiovisual works, phonograms, video games, computer programs, databases; 
  • violation of the legislation that regulates the manufacturing, export, import of disks for laser reading systems, export, import of equipment or raw materials for their production. 

 

The most important means of protecting intellectual property rights, we believe, is registration of intellectual property by the methods provided for in national legislation.