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Publication date: 28.05.2024
Lawyer
Intellectual property rights in Diia.City
Diia.City is a special legal regime aimed at the development of the IT industry in Ukraine, which provides new opportunities for companies and gig specialists. One of the key aspects of work within Diia.City is the regulation of intellectual property rights. This article will examine in detail the intellectual property rights of objects created by gig specialists in connection with the performance of gig contracts.
Basic provisions on intellectual property rights
Personal non-property intellectual property rights
According to the legislation, personal non-property intellectual property rights to objects created by gig specialists during the execution of gig contracts belong to the gig specialists themselves. These rights include the right of authorship, the right to the name and the right to inviolability of the work.
Property rights of intellectual property
Intellectual property rights to objects created by gig specialists within the framework of the performance of a gig contract belong by default to the resident of Diia.City, who is the customer of such a gig contract. This means that the customer has the right to use, sell, license or otherwise dispose of the created intellectual property objects.
Transfer of rights
A resident of Diia.City, acting as a customer, acquires property rights to intellectual property objects at the time of their creation, unless otherwise provided for in the gig contract. It is important to note that the parties to the gig contract may agree on other terms regarding the transfer of property rights, and these terms must be clearly spelled out in the gig contract.
Features of regulation of intellectual property in Diia.City
Flexibility of conditions
Diia.City provides the opportunity for gig contract parties to independently determine the conditions for the distribution of intellectual property rights. This allows you to create flexible conditions of cooperation that take into account the interests of both parties. For example, a gig specialist can retain part of the property rights or receive royalties for the use of the created objects.
Protection of rights
The legislation of Ukraine provides a high level of protection of intellectual property rights. This includes both legal protection mechanisms and the possibility of going to court in case of violation of rights. Residents of Diia.City have the opportunity to use all available tools to protect their rights, which provides additional confidence in the security of intellectual property.
Settlement of disputes
In the event of intellectual property rights disputes, the parties may go to court or use alternative dispute resolution methods, such as mediation or arbitration. Diia.City also provides for the possibility of settling disputes within special commissions or bodies, which can speed up the process of conflict resolution.
The importance of correctly concluding a gig contract
The correct conclusion of a gig contract is key to protecting the interests of both gig specialists and customers. The gig contract should clearly state the conditions for the distribution of intellectual property rights, as well as the conditions for compensation, royalties and other aspects of the use of the created objects.
Conclusion
Intellectual property rights are an important component of cooperation between gig specialists and residents of Diia.City. They determine who has the right to use, sell and dispose of the created objects. The correct conclusion of a gig contract, taking into account all legal aspects, is the key to successful cooperation and protection of the interests of both parties.
For detailed consultation on intellectual property rights, as well as other legal issues related to work at Diia.City, contact the lawyers of Legal Marketplace Consultant LLC. Our specialists will provide you with professional assistance and provide legal support at a high level. Contact us for professional advice and other legal assistance, and we will help you protect your rights and interests.
