What are the legal aspects of protecting intellectual property...?

The right of intellectual property is the right of a person to the result of intellectual, creative activity or to another object of intellectual property right, defined by this Code and another law (Article 418 of the Civil Code of Ukraine).

Regulated by the following legislation: Central Committee of Ukraine, Laws of Ukraine: "On protection against unfair competition", "On copyright and related rights", "On protection of rights to inventions and utility models", "On protection of rights to industrial designs", "On protection rights to signs for goods and services", "On protection of rights to plant varieties" and other laws.

Intellectual property rights are inviolable. No one can be deprived of the right to intellectual property or limited in its exercise, except in cases provided by law.

Violation of intellectual property rights is subject to criminal, administrative and civil liability.

There are the following forms of protection of intellectual property rights:

• jurisdictional;

• non-jurisdictional.

Non-jurisdictional form of rights protection includes the actions of legal entities and individuals regarding the protection of rights to intellectual property objects, which are carried out by them independently, without recourse to state or other competent authorities. The predominant form of non-jurisdictional protection is self-defense, manifested in the active or passive actions of a person aimed at preventing or stopping the violation of one's own subjective right.

According to Article 19 of the Civil Code of Ukraine, a person has the right to self-defense of his rights against violations and illegal encroachments. Self-defense is recognized as the use by a person whose right has been violated of countermeasures that are not prohibited by law and do not contradict the moral principles of society. Methods of self-defense must correspond to the content of the violated right and the nature of the actions by which these rights are violated, and cannot contradict the requirements of the law. Methods of self-defense can be chosen by a person or determined by law, other legal acts or a contract. This form of self-defense in the relations of authorship in practice occurs in isolated cases. And although it is somewhat insignificant, it still cannot be ignored, because Article 55 of the Constitution of Ukraine guarantees everyone the inalienable right to protect their rights and freedoms by any means not prohibited by law.

Jurisdictional form of rights protection provides for the activity of the competent state bodies regarding the protection of violated rights to intellectual property objects or contested rights. Its essence is the appeal of a person whose rights and legitimate interests have been violated by illegal actions for protection to the state or other competent authorities, which are authorized to take the necessary measures to restore the violated right and stop the offense.

The most effective jurisdictional form of protection of intellectual property rights is judicial protection, carried out by courts of general jurisdiction in civil or criminal proceedings, administrative and commercial courts. Judicial protection is carried out in Ukraine according to the general principles of judicial procedure.