Intellectual property for the project

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Good day! Please tell me how to issue intellectual property for the project step-by-step, is it necessary to open an FOP and what documents are needed?

I will be grateful for the answer!

11.01.2024 15:48 512

Answers

Photo of lorina200215 Lorina Fedan

WHAT DOCUMENTS ARE REQUIRED FOR REGISTRATION?

The application for registration must contain:

1) a completed statement of the state model (https://ukrpatent.org/uk/articles/copyright-blanky-zaiav);

2) a copy of the work (published or unpublished) in the material form defined by clause 15 of the Procedure (https://zakon.rada.gov.ua/laws/show/1756-2001-%D0%BF#n75);

3) a document testifying to the fact and date of publication of the work (if available, for example, if you published the name of the project on the Internet and the date of publication is clearly visible there, you can provide a printout of the web page where it was published);

4) a receipt for payment of the state fee for preparation for copyright registration;

5) a receipt for payment of the fee for registration and issuance of the certificate; this receipt must be submitted to the IPOR already after receiving the decision on the registration of the copyright for the work;

6) a power of attorney drawn up in accordance with the established procedure, if the application on behalf of the author is submitted by an authorized person, or a copy of the power of attorney certified in accordance with the law.

Appendices to the application for copyright registration

Instructions for using the program (example of instructions) are additionally attached to the application for copyright registration of a computer program.

The application for the registration of the copyright to the database is additionally accompanied by an instruction on the use of the database and a description of the structure of the database.

An annotation is additionally attached to the application for registration of copyright for works of architecture, urban planning, garden and park and monumental art, which must contain the name of the work, its location (address), architectural characteristics and parameters, time and place of creation.

Who should sign the statement

The statement is signed by the author or the person holding the copyright. An application on behalf of a legal entity is signed by a person who has the authority to do so (for example, it can be a director, etc.). If the work is created in co-authorship, the last name, first name and patronymic of each author are indicated in the application. The right to sign can be granted to one of the co-authors, if there is a power of attorney from the other co-authors.

Then it is necessary to submit an application for copyright registration to the National Intellectual Property Authority, whose functions are performed by the Ukrainian National Intellectual Property Office. It is important to remember that the total size of all documents should not exceed 250 MB. If the copy of the work exceeds 250 MB, it is allowed to send the application in several shipments indicating the details of the application, adding to each of them one of the parts of the copy of the work, divided into parts of the ZIP archive.

If the copyright is registered by an individual, the state fee will be 255 hryvnias, if the copyright is registered by a legal entity - 510 hryvnias. In addition, you need to pay a fee for the registration and issuance of a certificate of copyright registration (8.50 hryvnias for an individual and 25.50 hryvnias for a legal entity).

Consideration of the application and adoption of a decision on the registration of the copyright to the work is carried out within 1 month after the receipt of the application. In case of registration, a certificate of state registration of copyright is issued or sent to your address within 1 month. So, in general, count on 2-3 months.

Registration of intellectual property rights is not required for registration of FOP.

11.01.2024 16:25

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