Publication date: 05.07.2024
active and purposeful military lawyer with more than 4 years of experience
Infringement of rights to invention, utility model and industrial design: challenges and methods of protection
Introduction
Intellectual property is one of the key success factors of modern business. An important component of this sphere is the rights to objects of industrial property - inventions, utility models and industrial designs. Unfortunately, infringement of these rights remains a common phenomenon, resulting in significant financial and reputational losses for rights holders. In this article, we will consider the main types of infringements of the rights to inventions, utility models and industrial designs, as well as effective ways to protect them.
Inventions: key aspects of infringement
The invention is a technical solution that has absolute novelty, inventive step and industrial applicability. Infringement of invention rights can occur in different ways. The most common are:
Unauthorized use of a patented invention. It can be both a complete copy of the solution and its modification. The copyright owner has the exclusive right to use his invention, so any use of it by third parties without permission is a violation.
Filing a patent application for an already patented invention. This is a violation of the priority right of the owner of the first patent.Such actions may be aimed at ousting the original patent from the market or assigning authorship.
Disclosure of confidential information about the invention. If the details of the invention have not yet been patented, their unauthorized disclosure to third parties may result in loss of novelty and patentability.
Useful models: specifics of protection
A utility model is a technical solution that has a lower inventive step than an invention, but is also subject to legal protection. Violations of rights to a useful model have their own specifics:
Unauthorized production, use, offering for sale or import into Ukraine of a product made according to a utility model. This is the most obvious and common violation.
Filing a patent application for an already patented utility model. As with inventions, this violates the priority right of the owner of the first patent.
Disclosure of technical documentation or a product sample made according to a utility model. This can lead to the loss of utility model rights if it is not already patented.
Unlike inventions, utility models have a shorter patent term (10 years) and a simplified procedure for obtaining protection. This makes them a more attractive target for infringement.
Industrial designs: features of protection
An industrial design is the appearance of a product that has a new artistic and design solution. Violation of rights to industrial designs also occurs in several forms:
Unauthorized production, offering for sale, import into Ukraine of a product made according to a registered industrial design. This is the most common type of violation.Filing an application for registration of an industrial design that is a copy or substantially similar to an already registered one. This violates the exclusive right of the owner of the first industrial design.
Disclosure or illegal use of information about an industrial design prior to its registration. This may result in the loss of novelty and the right to registration.
Unlike inventions and utility models, industrial designs protect only the appearance of the product, not its technical essence. This makes them more vulnerable to copying, which requires stronger legal protection measures.
Ways of protecting rights
To effectively protect the rights to inventions, utility models and industrial designs, owners can apply the following measures:
Patenting of objects of industrial property. Obtaining a patent or a certificate for an industrial design gives the right holder the exclusive right to use them. This is the main protection tool.
Market monitoring and detection of violations. Systematic analysis of the market makes it possible to identify cases of unauthorized use of industrial property objects.
Pre-trial settlement of disputes. At this stage, the owner of the rights can send a claim to the infringer with a demand to stop the infringement and compensate for damages. This allows you to resolve the conflict without going to court.
Judicial protection of violated rights. If the pre-trial settlement did not yield results, the owner can apply to the court with a claim to stop the violation and collect compensation.
Customs control. The owner of the rights can submit an application to the customs authorities for assistance in the protection of his rights. This allows you to block the import of counterfeit products into Ukraine.
Criminal prosecution. If the violation caused significant damage to the right holder, he can initiate criminal proceedings against the violator.
Successful protection of rights to objects of industrial property requires a comprehensive approach that combines legal, organizational and technical measures. Only such an approach will allow to effectively counter violations and protect investment in innovation.
Conclusion
Infringement of rights to inventions, utility models and industrial designs remains a serious problem, causing significant losses to rights holders.In order to effectively protect their rights, owners must apply a range of measures, including patenting, market monitoring, pre-trial dispute settlement and court appeals.
Perhaps you will be interested in reading articles on such topics as: адвокатские запросы адвокатский запрос ответ на адвокатский запрос требования к адвокатскому запросу непредоставление ответа на адвокатский запрос сроки ответа на адвокатский запрос
