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Legal aspects of intellectual property

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 28.05.2024

Legal aspects of intellectual property


 

Intellectual property (IP) is one of the key areas of modern law that covers the protection and regulation of rights to the results of creative activity. This article will review the main legal aspects of intellectual property, including the concept, types, legal protection and international regulations.

 

The concept of intellectual property


 

Intellectual property refers to the rights arising from intellectual activity in science, literature, art, industry and other fields. The main objects of IP are:

Literary and artistic works (copyright).

Inventions, utility models, industrial designs (patent law).

Trademarks, commercial names (right to trademarks for goods and services).

Trade secrets (the right to protect confidential information).

 

Types of intellectual property


 

Copyright and related rights


 

Copyright protects works of science, literature and art. The main rights of authors include:

Exclusive right to use the work.

The right to authorship.

The right to inviolability of a work.

Related rights include the rights of performers, phonogram producers and broadcasting organizations.

 

Patent law


 

Patent law is aimed at protecting inventions, utility models and industrial designs. A patent grants the owner the exclusive right to use the invention, which helps prevent unauthorized use.

 

Right to trademarks and service marks


 

This right protects trademarks, logos and other signs that identify the goods or services of a particular manufacturer. Registration of a mark gives the owner the exclusive right to use it in commercial activities.

 

Trade secrets


 

Trade secrets include information of commercial value that is not publicly available. Protection of trade secrets is ensured through confidentiality agreements and other legal mechanisms. You may also be interested in the following articles: legal advice, legal advice, legal analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.

 

 

 

Legal protection of intellectual property


 

IP is protected at the national and international levels. The main national regulations in Ukraine include:

The Law of Ukraine "On Copyright and Related Rights".

The Law of Ukraine "On Protection of Rights to Inventions and Utility Models".

The Law of Ukraine "On Protection of Rights to Trademarks and Service Marks".

International treaties governing IP include:

Berne Convention for the Protection of Literary and Artistic Works.

Paris Convention for the Protection of Industrial Property.

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

 

 

International aspects of intellectual property


 

International IP regulation is aimed at harmonizing legal norms and ensuring IP protection in different countries. The main international organizations dealing with IP issues include:

World Intellectual Property Organization (WIPO).

World Trade Organization (WTO).

 

Conclusion.


 

Intellectual property is an important element of the legal system that protects the results of intellectual activity. Understanding the legal aspects of IP is essential for the effective use and protection of intellectual rights in the modern world.


 

 


 

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