Protection of intellectual property rights

Do not think that there is information, photos, drawings, pictures, texts on the Internet that do not belong to anyone.

Objects of intellectual property rights are conventionally divided into: objects of industrial property rights: inventions, utility models, trademarks (marks), industrial designs, geographical indications of the origin of goods and objects of copyright: literary scientific and artistic works, such as novels, poems, plays, films, scripts, works of art, computer programs and databases, architectural structures, etc.

Legal protection of copyright is necessary for every copyright holder.

Protection of intellectual property most often begins with the presentation of a written claim to the infringer.

The lawyer will take all the necessary measures to suppress violations of your rights, suppress illegal actions and recover the damage caused.

A copyright lawyer may also be needed by a person who intentionally or unknowingly instituted whose copyright or related rights.

Services in the field of protection of intellectual property rights:

• consultation and legal analysis of the object;
  
• pre-trial settlement of disputes in case of violation of intellectual property rights;
  
• protection in court of the rights and interests of rightholders;
  
• legal assistance in case of filing a claim for infringement of intellectual property rights;
  drafting licensing agreements;
  
• registration of copyright in Ukraine, as well as their international registration (TM, industrial design, utility model);
  
• drafting and support of the procedure for concluding license agreements, copyright agreements;
  
• registration of copyright agreements;
  obtaining holographic security signs and barcodes;
  
• assessment of intellectual property rights;
  registration in the customs register of an object of intellectual property rights.

So, if you need to obtain a patent for your technical developments, register a trademark in Ukraine or abroad, protect the trademark of your enterprise, register copyrights, represent or defend in court, I will be glad to provide qualified assistance.

   The objects of copyright are works in the field of science, literature and art.
   These can be computer programs, musical works with and without text, works of fine art, photographic works, jewelry, and the like. An incomplete list of works is enshrined in Article 8 of the Law of Ukraine “On Copyright and Related Rights”.
According to Part 2 of Art. 11 Law of Ukraine «On Copyright and Related Rights» copyright in a work arises as a result of the fact of its creation. For the emergence and exercise of copyright, no compulsory registration of a work or any other special design is required, as well as the fulfillment of any other formalities.
The author of his own free will can apply for registration of copyright and agreements concerning the author’s right to a work. As a result, information about such registration will be published, the author will receive a certificate of registration of copyright for a work, information about registration of copyright for a work will be entered in the State Register of Certificate of Registration of Copyright.
On the territory of Ukraine, registration of copyright is carried out. National Intellectual Property Authority. When considering an application. The national intellectual property body does not conduct an examination of the work and does not establish the fact of the origin of authorship. The registration procedure is defined in the Resolution of the Cabinet of Ministers of Ukraine «On state registration of copyright and agreements concerning the author’s right to a work» dated December 27, 2001 No. 1756.
In addition to registering copyright in Ukraine, you can register and confirm rights in other countries.

   Transfer of rights.
   Non-property rights are inseparable from the author’s personality — these are rights that are personal and cannot be transferred to third parties. For example, only the person who created the work has the right to demand recognition of his authorship (by indicating the name of the author on the work and its copies and in any public use of the work, if possible). The author has the right to choose a pseudonym and demand its indication or prohibit the mention of his name during the public use of the work if he wants to remain anonymous. The inseparable right to demand the preservation of the integrity of the work and to oppose any distortion, distortion or other alteration of the work or any other encroachment on the work that may damage the honor and reputation of the author.
The author’s property rights to a work are: the exclusive right to use the work, the exclusive right to permit or prohibit the use of the work by others. According to Part 1 of Art. 31 of the Law of Ukraine «On Copyright and Related Rights» the author can transfer his property rights to any other person in whole or in part.
The author can transfer his property rights to any other person in whole or in part. The transfer of the author’s property rights is formalized by the author’s agreement.

The contract is its form and conditions.
   We pay special attention to the form of the contract and its conditions. An agreement on the transfer of the author’s property rights is concluded in writing and must provide for the following conditions: the subject of the agreement, methods of using the work, the territory to which the rights apply, the amount and procedure for payment of royalties, the term of the agreement, as well as other conditions agreed by the parties.
The agreement must agree on the type and nature of the rights that are transferred behind it, as well as the question of which works these rights apply to. That is, it is necessary to detail in the contract the characteristics of the work, allowing it to be identified. And also, clearly indicate which rights are transferred — exclusive or non-exclusive.
According to Part 3, 4 of Art. 32 of the Law of Ukraine «On Copyright and Related Rights» under the copyright agreement on the transfer of the exclusive right to use a work, the author transfers the right to use the work in a certain way and within the established limits only to one person to whom these rights are transferred, and grants this person the right to authorize or prohibit such use works to others. At the same time, the person transferring the exclusive right to use the work retains the right to use this work only in terms of the rights that are not transferred.
Under an author’s agreement on the transfer of a non-exclusive right to use a work, the author transfers to another person the right to use the work in a certain way and within the established limits. In this case, the person transferring the non-exclusive right retains the right to use the work and to transfer the non-exclusive right to use the work to other persons.
One of the most important terms of the contract is the way the work is used. Among which: reproduction of works; public performance and public communication of works; public display and public display; translations of works; processing, adaptation, arrangement and other similar changes of works; property lease and (or) commercial rental, alienation in another way, import of copies of works. The list is defined in Part 3 of Art. 15 of the Law of Ukraine «On Copyright and Related Rights» and is not exhaustive. In the text of the agreement, it is imperative to determine both the list of rights, services behind it, and the methods of using the work, which, according to the agreement, are allowed to be exercised.
How a work is used directly depends on the type or type of copyright object.
The territory to which the right of the transferred one extends should be specified in the text of the agreement. The territory of Ukraine, the territory of a separate other country, several countries, a group of countries (for example, the territory of the EU countries), the territory of all countries of the world can be defined as the territory of the author’s agreement.
In the author’s agreement, it is also necessary to determine the forms of royalties: one-time (lump-sum) payment, deductions for each sold copy or each use of the work (royalties), or a combined payment.
The next essential condition is the duration of the contract. The parties to the agreement can determine any term of its validity, however, it cannot exceed the term of the copyright (copyright is valid for the entire life of the author and 70 years after his death).
There are cases when the person transferring property rights to a work has not actually created a certain work and has not received property rights to it, that is, he is not its actual author. This situation is risky for the acquirer of property rights to a work, since obtaining property rights from a person who is not the author may have the consequences of invalidating the contract.
The main way to reduce the risk of acquiring property rights to a work in a person to whom they do not belong is to provide conditions for guarantees in the contract. The author must ensure that at the time of transfer of property rights to a work, only the author owns the exclusive property rights of the work, they are not transferred (not alienated) to third parties, they are not in common share or joint ownership. The author must take upon himself the obligation to participate in the resolution of disputes in the event the legal successor receives claims or claims from third parties regarding the property rights to the work.
In addition to the above, the author and the acquirer may provide for other conditions, for example, on liability in case of non-payment of royalties or lack of originality of the work, on the procedure for transferring property rights, in relation to the confidentiality of information.
In the legal relationship between the author (performer) and the customer, it is important to settle both the issues of creating a work, and who will own, to what extent, property rights to the work.
We recommend that the contract clearly indicate the amount of property rights, methods of using the work, the moment of transfer of the work, the period for which the rights to the work were transferred to the customer, and the territory of their validity. That is, to determine which rights will belong to the customer, in whole or in part, or to be able to use the work in a certain way, the performer will be deprived of such right.
On the issue of determining the ownership of the rights to works created within the framework of the implementation of an employment contract, there is a conflict in the legislation. Let us consider the peculiarities of the ownership of the rights to a service work on the example of creating a computer program.
According to Part 2 of Art. 4

If you are unable to draw up and develop an Agreement on your own, you should seek legal assistance from a lawyer.