PROTECTION OF RIGHTS TO INTELLECTUAL PROPERTY OBJECTS
Intellectual property protection is a set of measures aimed at establishing and recognizing intellectual property rights in the event of their violation, challenge or non-recognition. Protection of intellectual property rights can be carried out in:
- criminal law;
- administrative and legal;
- civil law.
In particular, according to Art. 176 of the Criminal Code of Ukraine, those responsible for such a violation of copyright and related rights, illegal reproduction, distribution of works of science, literature and art, computer programs and databases, as well as illegal reproduction, distribution of performances, phonograms, videograms and broadcasting programs, their illegal replication and distribution on audio and video tapes, diskettes, other media or other intentional violation of copyright and related rights, if Nilo material damage on a large scale.
Article 177 of the Criminal Code of Ukraine criminalizes the violation of rights to an invention, utility model, industrial design, integrated circuit topography, plant variety, rationalization proposal, if it caused material damage on a large scale.
On administrative and legal protection of intellectual property rights, Art. 51 of the Administrative Offenses Code of Ukraine recognizes as administratively punishable a violation of rights to an object of intellectual property rights, such as unlawful use of an object of intellectual property right, attribution of authorship to such an object or other intentional violation of rights to an object of intellectual property rights protected by law.
Civil legal protection of intellectual property, first of all, can be carried out by the court.
Any person can apply to the court for the protection of their rights to intellectual property.
The court in cases and in accordance with the procedure established by law may decide, in particular, on:
the application of urgent measures to prevent the violation of intellectual property rights and preserve relevant evidence;
stopping the passage of goods through the customs border of Ukraine, the import or export of which is carried out in violation of intellectual property rights;
exemption from civil circulation of goods manufactured or put into civil circulation with violation of intellectual property rights;
the removal from civil circulation of materials and tools that were used primarily for the manufacture of goods in violation of intellectual property rights;
the use of a single monetary penalty instead of damages for the unlawful use of an object of intellectual property rights. The amount of the penalty is determined in accordance with the law, taking into account the guilt of the person and other circumstances of significant importance;
publication in mass media of information on violation of intellectual property rights and the content of the court decision regarding such violation.
In accordance with the Law of Ukraine "On Copyright and Related Rights", a violation of copyright and (or) related rights, which gives grounds for judicial protection, are, for example:
- the commission by any person of actions that violate the personal non-property rights of subjects of copyright and (or) related rights, and their property rights;
- piracy in the field of copyright and (or) related rights - publication, reproduction, importation into the customs territory of Ukraine, export from the customs territory of Ukraine and distribution of counterfeit copies of works (including computer programs and databases), phonograms, videograms and programs of broadcasting organizations ;
- plagiarism - made public