Intellectual property right

Intellectual property right

Intellectual property rights include non-property and property rights. The measure of the intellectual property rights defined in the Civil Code of Ukraine and the relevant laws of Ukraine.

Before talking about the protection of intellectual property rights, such a right is necessary to obtain and have relevant document (certificates, patents, license agreement, contract of transfer of rights, etc.).

If it so happens that your right has been violated, then there are certain ways to protect intellectual property rights:

  • Recognition of rights (ie a particular intellectual property rights, especially important – in respect of copyright and related rights);
  • Recognition of the contract null and void (for example, a license agreement);
  • Termination of action which violates the right;
  • Restore the situation that existed before the violation of law took place;
  • Forced execution of obligations in kind (payment of the royalty for the use of intellectual property which is not listed before);
  • Changing the terms of the license agreement for the use of intellectual property;
  • Termination of the license agreement on the use of intellectual property;
  • Indemnity and other methods of reimbursement for property right violation. Non-pecuniary (non-property) damage.
  • Recognition of the decisions illegal, actions or omissions of a public authority.

Protection of property rights – the most common goal of protecting the right to intellectual property.

Property rights to intellectual property:

  • The right to use the object of intellectual property rights;
  • The exclusive right to authorize the usage of intellectual property rights;
  • The exclusive right to prevent the improper use of intellectual property rights;
  • Other intellectual property rights established by the Law.

If your intellectual property is used illegally or your rights are violating otherwise than specialists of our law firm:

  • Analyze the fact of violation of the rights and determine the most effective way to protect and select the optimal strategy;
  • Conduct a pre-trial work (collecting and recording evidence, negotiations, preparation of claims);
  • Contact local authorities for the protection of your rights;
  • Prepare a statement of claim and will represent your interests in court.

If you are accused in violating of intellectual property rights, the most important thing – to conduct operational analysis of whether or not you are breaking the law, which liability is provided for such action. Specialists of our Law Firm can develop an effective strategy for the protection of the charges or a strategy of reconciliation with the other party.

We know that the claims may be unfounded, so our main task – to analyze all the data, the risks and opportunities in order to protect your interests

One of the types of protection of intellectual property rights is the protection against unfair competition.

According to legislation about unfair competition, actions which are recognized as unfair competition are:

  • Illegal use of signs, including trade marks;
  • Copy the appearance of the product;
  • Comparative advertising;
  • Illegal collection, disclosure and use of trade secrets.

The specialists of our law firm:

  • Analyze a fact of violation, pick an optimal defense strategy;
  • Gather evidence base, prepare an application to the Antimonopoly Committee of Ukraine, will represent your interests during the consideration of such a complaint.

We are able to protect your rights and interests!

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