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Facts about IP
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Informational and consultation services

Specialists of our Agency render a wide range of informational and consultation services in the sphere of the intellectual property. Such services can concern both matters of registering objects of the intellectual property and matters, connected with the protection of rights to the given objects. Moreover, the matters of protecting rights to the intellectual property become more and more topical.

The most matters are clarified by our employees to our clients directly in the process of the registering the objects of the intellectual property or during the performance of preliminary consultations.

There are also paid consultations. By the client’s wish, they can be either written or verbal (for example, the clarification of this or that legal matter). To cooperate with our specialists in this sphere you should prepare the list of matters, you are interested in, and send them to us by e-mail beforehand. We will analyze the received information, assess the volume of planned works and inform you about the terms of the works execution and their cost. We will be glad to cooperate with you in this sphere.

Protecting rights to the intellectual property
There are two main forms of protecting the right of the intellectual property.

The first form of protection is the activity of the authorized power bodies on protecting infringed and contested rights. Its nature is the following: persons, whose rights and legal interests are infringed, apply for protection to the state or other competent bodies (for example, to the court), which are authorized to take measures, required for the renovation of the infringed right and stop of the delict.

Such a protection form is called a jurisdictional one. Within its frameworks one distinguishes the common and special order of protecting the infringed right of the intellectual property. According to the common order, protection of the intellectual property right and interests, guarded by the law, is performed by the court. The special order (administrative) of the protection is used as the exception from the rule, i.e. only in cases, directly provided by the legislation. That concerns the reference, for example, to the Antimonopoly Committee of Ukraine, Appeal Chamber of Ukrpatent, etc.

The second protection form is called the non-jurisdictional one. It includes actions of legal entities and natural persons on protecting the rights of the intellectual property and interests, guarded by the law, which are directly implemented by themselves, i.e. without the resort to the state or other competent bodies. In other words, the self-protection takes place.

According to article 432 of the Civil Code of Ukraine, any person has the right to go to law to protect his right to the intellectual property. Particularly, article 16 of the above-mentioned Code provides civil methods of protecting civic rights.

Guiding by the norms of the law, the court can deliver a judgment, particularly, concerning:

  1. taking urgent measures on preventing the infringement of the right of the intellectual property and saving the corresponding facts in evidence;
  2. stopping movement across the customs border of Ukraine of goods, import and export of which is performed with the infringement of the right to the intellectual property;
  3. withdrawing from the civil turnover the goods, produced or launched to the civil turnover with the infringement of the right to the intellectual property and destructing such product;
  4. withdrawing from the civil turnover the materials and devices, used predominantly for the production of goods with the infringement of the right to the intellectual property or exception and destruction of such materials and devices;
  5. using the one-time money sanctions instead of compensating damage for the illegal use of the object of the right of the intellectual property. The volume of sanctions is determined in accordance with the law, regarding the guilty of the person and other circumstances, which have a substantial meaning;
  6. publishing information about the infringement of the right to the intellectual property and content of the judicial decision regarding such an infringement in mass media.

Protection of the rights to the trade mark
According to article 20 “On protecting rights to marks for goods and services”, any entrenchment on a right of the holder of the certificate to the mark for goods and services is considered as the infringement of rights of the certificate holder.

Attention: the infringement of rights of the certificate holder is also the use without his consent similar marks and designations in domain names. Such an infringement should be stopped by order of the certificate holder. The infringer should compensate the caused harm to the certificate holder.

The certificate holder can also claim the elimination from the product, its packing the illegally used mark or designation, which is so similar to it, that one can mess them. He can also claim the destruction of produced pictures of the mark or sign, which are practically identical and can be mixed.

Attention: the claim the renovation of the infringed rights of certificate holder can be laid with his consent by the person, who has acquired the license.

The methods of protecting rights

The protection of rights to the mark is performed by the court and another order, predetermined by the law. Courts particularly consider disputes of the following kind:

  • establishment of the certificate holder;
  • drafting and execution of licensing agreements;
  • violation of rights of the certificate holder.