How can FOP protect its intellectual rights? What are the procedures…?

The right to intellectual property is defined as the right of a person to the results of his intellectual creativity or to other objects subject to protection under the law, in particular according to Article 418 of the Civil Code of Ukraine.

Intellectual property law consists of personal non-property rights of intellectual property and/or property rights of intellectual property, the content of which relates to specific objects of intellectual property, defined by the Civil Code of Ukraine and other relevant laws, such as "On Protection from Unfair Competition", "On copyright and related rights", "On the protection of rights to inventions and utility models", "On the protection of rights to industrial designs", "On the protection of rights to signs for goods and services", "On the protection of rights to plant varieties" and others.

The right of intellectual property is inviolable, and no person can be deprived of such right or limited in its realization, except for cases provided by law.

Intellectual property refers to a general concept that includes exclusive rights to the results of creative activity and means of individualization. This covers rights relating to literary, artistic and scientific works, performances of artists, sound recordings, radio and television broadcasts, inventions, industrial designs, trademarks, trade names, etc.

Protection and types of liability for infringement of intellectual property rights

Criminal

According to Article 176 of the Criminal Code of Ukraine, persons who have violated copyright and related rights, in particular through illegal reproduction, distribution of scientific, literary and artistic works, computer programs and databases, as well as illegal reproduction, distribution of performances, phonograms, videograms and broadcasting programs, their illegal copying and distribution on audio and video cassettes, diskettes, other media, may be held criminally liable if the material damage caused is significant.

Article 177 of the Criminal Code of Ukraine provides for criminal liability for infringement of rights to an invention, utility model, industrial design, topography of an integrated microcircuit, plant variety, rationalization proposal, if the material damage caused is significant.

Administrative

According to Article 51-2 of the Code of Ukraine on Administrative Offenses, administrative responsibility applies to violations of rights to intellectual property objects, in particular illegal use of such objects, illegal appropriation of authorship over them or other intentional violations of rights to intellectual property objects, that are protected by law.

Civil law

Protection of intellectual property rights in a civil legal context involves the possibility of going to court. Every person has the right to judicial protection of his intellectual property right.

Forms of protection of intellectual property rights

There are two forms of protection of intellectual property rights:

1. jurisdictional;

2. non-jurisdictional.

Non-jurisdictional protection of intellectual property rights includes the actions of legal entities and individuals who independently take measures to protect their rights without recourse to state or other competent authorities. One of the main forms of non-jurisdictional protection is self-defense, which involves active or passive actions of a person in order to prevent or stop the violation of his subjective right.

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

The jurisdictional form of protection of rights is divided into general and special forms of implementation of the means of protection provided by law. The general form of protection of intellectual property rights is carried out through court proceedings. A special form of protection of rights to intellectual property objects includes an administrative procedure for the protection of these rights, which is applied only in cases specified by law.

The most effective jurisdictional form of protection of intellectual property rights is judicial protection, which is carried out by courts of general jurisdiction through civil, criminal, administrative and economic proceedings. Judicial protection of rights is carried out in Ukraine on the general principles of judicial procedure.