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Publication date: 19.05.2024
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The protection of intellectual property rights in Ukraine is regulated by a number of legal acts that provide legal protection and protection of the results of intellectual activity. It is important to know the main provisions, enforcement bodies and procedures used to protect intellectual property rights.
Basic legal acts
The Civil Code of Ukraine regulates general issues of intellectual property.
The Law of Ukraine "On Protection of Trademark Rights for Goods and Services" regulates the registration and protection of trademarks.
The Law of Ukraine "On Protection of Rights to Inventions and Utility Models" - concerns the patenting of inventions and utility models.
The Law of Ukraine "On Protection of Rights to Industrial Designs" regulates the protection of industrial designs.
Bodies protecting intellectual property rights
Ukrainian Institute of Intellectual Property (Ukrpatent) - registers intellectual property objects (patents, trademarks, industrial designs, etc.).
The Ministry of Economy of Ukraine is responsible for the formation and implementation of state policy in the field of intellectual property.
Courts - consider disputes related to the violation of intellectual property rights.
The State Intellectual Property Service of Ukraine - monitors compliance with legislation in the field of intellectual property.Procedures for the protection of intellectual property rights
Administrative protection
1. Submission of an application to Ukrpatent for registration of intellectual property objects.
2. Appealing decisions of Ukrpatent in the Appeals Chamber.
Judicial protection
1. Filing a lawsuit in case of violation of intellectual property rights.
2. Claims may include: termination of infringement, compensation for damages, compensation for moral damage.
3. The court can issue a decision on the destruction of counterfeit products that violate intellectual property rights.
Customs protection
1. Registration of objects of intellectual property in the customs register of objects of intellectual property rights.
2. Prohibition of import/export of goods that violate intellectual property rights.
Antimonopoly protection
1. Appeal to the Antimonopoly Committee of Ukraine in case of unfair competition related to infringement of intellectual property rights.
Advice on protection of intellectual property rights
Registration of intellectual property rights
1. Register intellectual property objects in Ukrpatent in a timely manner to obtain legal protection.
Control over the use of intellectual property
1. Regularly monitor the market for infringement of your intellectual property rights.
2. Use license agreements for commercial use of your intellectual property and control over its use.
Legal support
1. Contact lawyers specializing in intellectual property issues for effective protection of your rights.
Information
2. Report your intellectual property rights on products and documentation (for example, using the ©, ® symbols).
Conclusion
Protection of intellectual property rights in Ukraine is ensured by a complex of legislative acts and relevant state bodies. It is important to register intellectual property objects in a timely manner, monitor their use and actively protect your rights in case of their violation. Contacting experts in the field of intellectual property can significantly increase the effectiveness of the protection of your rights.
