Consultant

Legal consultations 24/7

Open
image

Protecting intellectual property rights

  • icon
    Secure transaction
  • icon
    Verified performers
  • icon
    Transparent price
  • icon
    Monitoring 24/7

Greetings 👋

My name is Alexander, I am your personal manager. Let me help you!

image
image
Rate:
0
Publication date: 29.04.2024
Reading time: 6 minutes
Number of views: 314
Stage Term (days) Cost
  • 1
    Written legal analysis
    2 UAH 4,560.00
    • A description of the situation, which disturbs the legal analysis, is carried out. 
    • The circumstances of the case, the presence or absence of documents relevant to the situation are established. 
    •  A full oral communication is conducted in order to establish all the necessary circumstances of the case. 
    • The client's expectations regarding the results of service provision are established. 
    • An analysis of the current legislation that regulates the problem is carried out. 
    • An analysis of judicial practice regarding this issue is carried out. 
    • The lawyer's personal experience in solving such or similar problems is described. 
    • The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem. 
    • Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.
In general
2 UAH 4,560.00

Pay conveniently in the mobile app — download now!

img

Monobank

img

Privat24

img

Monobank

Installment payment

img

Privat24

Installment payment

Protection of intellectual property rights: legal framework and effective mechanisms

In today's world, ideas, brands, developments and creative products are no less valuable than tangible assets. That is why the protection of intellectual property (IP) rights has become a key element in doing business, developing innovations and ensuring competitiveness. The legal protection of intellectual property covers a system of rules governing the creation, use and protection of intangible objects, from literary works to software code and inventions.

What is intellectual property?

Intellectual property is a set of rights to the results of intellectual activity and means of individualisation. It is divided into two broad categories.

Copyright and related rights - covers works of science, literature, art, music, software, photographs, scripts, journalistic articles, etc.

Industrial property - includes inventions, utility models, industrial designs, trademarks, geographical indications, trade secrets, and integrated circuit topographies.

The protection of intellectual property provides the author or right holder with the exclusive right to use, transfer, license or defend the object in court. These rights are recognised by both national legislation and international treaties, including the Berne Convention, the Paris Convention and WTO agreements.

Why do you need to protect your intellectual property?

In the digital era, the risks of copying, plagiarism or unauthorised use have increased significantly. That's why effective legal protection of intellectual property rights is key to a stable business, preserving investments and protecting reputation. Among the key reasons:

  • Protection against theft of ideas, technologies, artistic and technical solutions.
  • The ability to monetise an intellectual product through licences or franchises.
  • Creating an asset that increases the company's capitalisation and attracts investors.
  • Ensuring competitive advantages in the market and protection from unfair actions of competitors.
  • Possibility of legal action in case of infringement of rights, including compensation for damages and prohibition of the use of the object.

In addition, intellectual property protection helps build a reputation for responsible business, reduces the risk of future litigation and facilitates access to international markets.

Main intellectual property objects

For effective protection, it is important to know what objects can be recognised as intellectual property. The list of such objects includes:

  1. Works of authorship - books, articles, poems, scripts, artworks, programmes, music, videos, photographs.
  2. Software and databases - are registered as copyrighted objects and are important for IT companies.
  3. Inventions and utility models - technical solutions, devices or methods that are protected by a patent.
  4. Industrial designs - packaging, product design, user interface, fonts and style elements.
  5. Trademarks (brands) are verbal, graphic or combined signs for goods and services registered in national and international registers.
  6. Trade secrets (know-how) are business processes, formulas, recipes, algorithms that are not disclosed to the public and are protected by confidentiality.
  7. Geographical Indications - names of places of origin of goods that have unique properties due to the area or traditions.
  8. Integrated circuit topographies - specific chip designs that are legally protected.

Each type of individual property has its own registration or protection procedure. In most cases, protection starts with filing an application with a patent or copyright authority (e.g. Ukrpatent, WIPO, EUIPO).

Ways of legal protection of intellectual property

Depending on the situation, the right holder may choose one or more ways to protect his intangible assets:

img

Official registration of rights - filing an application for a trademark, patent or industrial design with the relevant authorities. Registration creates legal proof of rights that can be used in court or during business negotiations.

img

Contractual mechanisms - entering into rights transfer agreements, licensing agreements, NDAs (non-disclosure agreements), co-authorship or collective ownership agreements.

img

Judicial protection is an appeal to the court to stop the use of the object, recover damages, seize counterfeit products or prohibit the dissemination of information.

img

Media and public opposition - when intellectual property is used on the Internet, it is advisable to take measures to remove it from platforms, to engage mechanisms for blocking infringers through complaints about hosting or domain.

img

Technical protection - the use of digital signatures, DRM technologies, controlled content access systems, product labelling.

An intellectual property lawyer can also accompany negotiations on the transfer or joint use of an object, prepare agreements with authors, freelancers, developers, and advise on the observance of third-party rights.

Frequently asked questions about the protection of intellectual property rights

Question

Do I need to register my copyright?

Answer

Copyright arises automatically from the moment a work is created. However, voluntary registration confirms the date of creation and the identity of the author, which is useful in the event of a dispute.

Question

What is the cost of registering a trade mark in Ukraine?

Answer

The basic cost starts at UAH 4,000 for one category of goods/services. The final amount depends on the number of classes and the speed of the procedure.

Question

What should I do if someone copies my logo or programme?

Answer

First of all, record the fact of the infringement (screenshots, witnesses, URL), contact a lawyer, and send an official claim. If necessary, file a lawsuit.

Question

Is it possible to protect copyright abroad?

Answer

Yes, it is. Most countries recognise copyright without registration in accordance with the Berne Convention. However, for enhanced protection, it is advisable to carry out national or international registration (through WIPO).

Question

What documents are required to register a patent?

Answer

The application must contain a description of the invention, drawings, claims, abstract and information about the applicant. A lawyer will help you prepare them in accordance with the requirements of Ukrpatent or WIPO.

Conclusion

Intellectual property protection is not a formality, but a strategic necessity in today's competitive environment. From trademark registration to patent application support, legal support allows you to secure the rights to your developments, unique solutions and brands. The Consultant service provides a full range of services for the legal protection of intellectual property: from consultations to legal representation. Do not delay the protection of your ideas - ensure their legal security today.

image
image
receive a service

In the CONSULTANT mobile app

Secure Transaction

As a Client, you are freed from all financial risks when collaborating with Contractors, as the payment amount is reserved by our service and is paid to the Contractor only after receiving confirmation from you about the completion of the stage.

If the service is not provided, the funds are returned to you. The service takes on all financial risks and acts as a guarantor and custodian of funds, and in case of disputes between the parties, acts as an independent Arbitrator.

Your money is in safe hands!

image
Reviews

From Real Users

image
Calculate

Service cost

  • Do you need a military lawyer or attorney?
  • Have you previously sought legal assistance?
  • Is your question related to documents or contracts?
  • Do you plan to go to court in the near future?
  • Do you need legal support for a transaction (purchase, rent, etc.)?
  • Do you have official documents related to your issue?
image
Top 10

PRO consultants

All consultants
PREMIUM 78.03 Топ 1
image

Studentsov Alexander Oleksandrovich

Lawyer Ukraine / Kyiv
і
PREMIUM 68.27 Топ 2
image

Grytsai Mykola Igorovich

Lawyer Ukraine / Kyiv
і
PREMIUM 60.05 Топ 3
image

Borevych Mariia

Lawyer Ukraine / Kyiv
і
PREMIUM 55.32 Топ 4
image

Одинцова Валерія

Lawyer Ukraine / Kyiv
і
PREMIUM 52.58 Топ 5
image

Baladyha Serhiy

Lawyer Ukraine / Kyiv
і
PREMIUM 51.74 Топ 6
image

Makeev Dmitry Vyacheslavovich

Lawyer Ukraine / Kremenchuk
і
PREMIUM 48.27 Топ 7
image

Khyzhavska Olesia Yaroslavivna

Lawyer Ukraine / Khmelnytskyi Oblast
і
PREMIUM 39.16 Топ 8
image

Molchanov Oleg Viktorovich

Attorney Ukraine / Kyiv
і
PREMIUM 39.09 Топ 9
image

Миколаєнко Олена

Lawyer Ukraine / Kyiv
і
PREMIUM 37.17 Топ 10
image

Yulia Palagina Volodymyrivna

Lawyer Ukraine / Kharkiv Oblast
і

We verify each specialist who signs up for our service and ensure the high quality of our services.
CONSULTANT - is a clear and largest ranking of lawyers and attorneys so that everyone can choose the best specialist in the right place and at the right time.

The rating of lawyers is formed on the basis of positively completed orders, your feedback, ratings
and comments. The rating cannot be bought: it is formed exclusively by users. TTherefore, if you need services, advice or preparation of documents from the best lawyers and attorneys - you can confidently trust our specialists!

Cookies And Privacy

We use our own and third-party cookies to personalize content and to analyze web traffic.