Publication date: 09.07.2024
Protection of intellectual property rights in Ukraine
Intellectual property is an important aspect of the modern economy and culture, encompassing the rights to the results of creative activity, such as literary works, inventions, trademarks, etc. The protection of intellectual property rights ensures legal protection of these results and promotes innovation and creativity. In Ukraine, the protection of intellectual property is regulated by a number of legislative acts. In this article, we will review the main aspects of intellectual property rights protection in Ukraine, including the legal framework, types of intellectual property rights, enforcement mechanisms and liability for infringement of these rights.
Legal framework
Intellectual property rights protection in Ukraine is regulated by the following key legal acts:
- TheCivil Code of Ukraine - contains general provisions on intellectual property.
- TheLaw of Ukraine "On Copyright and Related Rights " - regulates relations related to the protection of copyright and related rights.
- TheLaw of Ukraine "On Protection of Rights to Inventions and Utility Models " - defines the procedure for protecting rights to inventions and utility models.
- TheLaw of Ukraine "On Protection of Rights to Industrial Designs " - regulates legal relations related to the protection of industrial designs.
- TheLaw of Ukraine "On Protection of Rights to Trad emarks" - defines the procedure for protecting rights to trademarks.
- TheLaw of Ukraine "On Protection of Rights to Indications of the Origin of Goods " - regulates legal relations in relation to indications of the origin of goods.
- TheLaw of Ukraine "On Protection of Rights to Plant Varieties " - defines the procedure for protecting rights to plant varieties.
Types of intellectual property rights
Copyright and related rights
Copyright.
Copyright protects the rights of authors to literary, artistic, musical, scientific and other works. Copyright includes:
- Property rights: The right to use a work, to receive income from its use, to prohibit or permit the use of the work by others.
- Non-propertyrights: The right of authorship, the right to a name, the right to inviolability of a work, the right to publish a work.
Related rights
Related rights protect the rights of performers, producers of phonograms and videograms, and broadcasting organisations. Related rights include:
- Performers' rights: The right to use the performance, to receive income from its use, to prohibit or permit the use of the performance by other persons.
- Rights of phonogram and videogram producers: The right to use phonograms and videograms, to profit from their use, and to prohibit or authorise the use of phonograms and videograms by others.
- Rights of broadcasting organisations: The right to use broadcasting programmes, to receive income from their use, and to prohibit or permit the use of broadcasting programmes by other persons.
Patent law
Inventions and utility models
Patent law protects the rights to inventions and utility models. Patent law includes:
- Theright to a patent: The right to obtain a patent certifying the exclusive right to use an invention or utility model.
- Property rights: The right to use an invention or utility model, to receive income from their use, to prohibit or permit the use of an invention or utility model by other persons.
- Right to remuneration: The right of an inventor to receive remuneration for the use of an invention or utility model.
Industrial designs
Industrial designs protect the rights to the appearance of products. Design rights include:
- Theright to a patent: The right to obtain a patent for a design.
- Property rights: The right to use an industrial design, to receive income from its use, to prohibit or permit the use of an industrial design by others.
Trademarks and designations of origin
Trademarks.
Trademarks protect the rights to designations that distinguish the goods and services of one manufacturer from those of other manufacturers. Trademark rights include:
- Theright to register: The right to register a trademark.
- Property rights: The right to use a trademark, to receive income from its use, and to prohibit or permit the use of a trademark by others.
Indications of origin
Indications of origin protect the rights to geographical indications that indicate the place of origin of goods. The rights to indications of origin include:
- Theright to register: The right to register an indication of origin.
- Property rights: The right to use the designation of origin, to profit from its use, to prohibit or permit the use of the designation of origin by others.
Other intellectual property rights
Trade secrets (know-how)
Trade secrets protect the rights to information on production processes, methods, recipes, formulas, etc. The rights to trade secrets include:
- Theright to confidentiality: The right to keep the information confidential.
- Property rights: The right to use the trade secret, to receive income from its use, to prohibit or permit the use of the trade secret by others.
Plant varieties
Plant variety rights protect new plant varieties that have distinctive, uniform and stable characteristics. Plant variety rights include:
- Theright to a patent: The right to obtain a patent for a plant variety.
- Property rights: The right to use a plant variety, to receive income from its use, to prohibit or permit the use of a plant variety by others.
Mechanisms for the protection of intellectual property rights
Administrative protection
Administrative enforcement of intellectual property rights is carried out through state authorities that have the authority to enforce these rights. The main administrative enforcement bodies include:
- TheState Intellectual Property Service of Ukraine: The authority that registers intellectual property rights and maintains the relevant registers.
- TheAntimonopoly Committee of Ukraine: The authority responsible for monitoring compliance with legislation on protection against unfair competition.
- State Customs Service of Ukraine: A body that controls the import and export of goods containing intellectual property in order to prevent infringement of intellectual property rights.
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