Publication date: 04.06.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Theft of intellectual property is an increasingly important issue in today's world, where knowledge and creative achievements are highly valued. Intellectual property includes patents, copyrights, trademarks and trade secrets, and its protection is key to fostering innovation and economic development. In this article, we will look at the mechanisms for protecting intellectual property rights and liability for its theft.
Definition of intellectual property
Intellectual property covers all results of creative activity, including:
- Patents. They protect inventions that have novelty and industrial applicability.
- Copyright. Protects literary, musical, artistic and other works.
- Trademarks. Protects symbols, names and logos that identify goods or services.
- Trade secrets. Protect confidential business information that gives companies a competitive advantage.
Protection of intellectual property rights
Legal mechanisms of protection
- Registration of rights. One of the most important steps in protecting intellectual property is the official registration of rights with the relevant state authorities.
- Licensing. Intellectual property owners may grant licences to use their intellectual property to other persons or companies, while retaining ownership rights.
- Judicial protection. In the event of an infringement of intellectual property rights, the owner has the right to file a lawsuit to terminate the infringement and to recover damages.
Liability for intellectual property theft
Criminal liability
Pursuant to Article 185 of the Criminal Code of Ukraine (CCU), theft, including theft of intellectual property, is punishable by imprisonment, fines and other sanctions. Although Article 185 of the CCU primarily relates to physical objects, infringement of intellectual property rights may also be subject to criminal liability under articles regulating economic crimes and fraud.
Civil liability
Infringement of intellectual property rights may give rise to civil claims. The injured party has the right to claim compensation for material losses, lost profits and non-pecuniary damage. Court decisions in such cases often include ceasing the infringement, seizure and destruction of illegally produced goods, and compensation for damages.
Court practice
Examples of court decisions
- Copyright theft. In a case involving the illegal use of musical works, the court found the defendants guilty and ordered them to pay compensation to the author for the illegal use of his works.
- Illegal use of a trademark. In a case involving the use of another's trademark without the owner's permission, the court ordered the defendant to cease using the trademark and pay compensation for the damages caused.
- Infringement of patent rights. In the case of illegal use of a patented invention, the court ordered the infringers to stop the production and sale of infringing goods and pay significant fines. Lawyer for 185 of the Criminal Code.
If you have become a victim of intellectual property theft or need to protect your rights under Article 185 of the Criminal Code, contact the professional attorneys at consultant.net.ua. Our lawyers have extensive experience in cases related to intellectual property theft and will help you protect your rights and interests. Using the services of a theft lawyer, you can be sure of a professional approach and high quality legal assistance.
Conclusion
Intellectual property theft is a serious crime that undermines economic development and innovation. Legislative protections and legal mechanisms in Ukraine provide effective means to protect intellectual property rights and bring infringers to justice. International cooperation, judicial practice and professional legal assistance contribute to ensuring justice and preserving the rights of intellectual property owners.
