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Intellectual property rights protection

In modern society, intellectual property (IP) is valued no less than material property. It often becomes the object of illegal actions, so copyright holders need the intellectual property rights protection. The holder can file claims for damages, demand the restoration of his own monopoly and the termination of illegal actions.

But the license must be obtained and proven. The proof will be patents, certificates, licensing agreements and other documentation. Judicial practice shows that it is realistic to punish the violator and restore legal ownership, while it is already more difficult to obtain actual monetary compensation for the violation.

SION lawyers will provide qualified IP defense. Our experts apply a comprehensive, individual approach to the process. They work in Ukraine, and have experience in representing client interests abroad. We offer the following services:

  • advise on violations;
  • conduct a legal analysis of the situation and draw up a strategy to stop illegal activities;
  • carry out activities for the pre-trial settlement of disputes (we will send a letter of claim, we will conduct negotiations);
  • represent the client’s interests in court and other state institutions;
  • organize the defense of the rights of copyright holders from unfair competition;
  • legally accompany the client in the process of judicial review. Help you collect evidence, draw up a claim or appeal, and take part in court sessions;
  • prepare legally substantiated responses to claims.

Methods to protect intellectual property rights

In Ukraine and other jurisdictions, a legislative framework has been formed to protect the interests of copyright holders. According to paragraph 2 of Article 432 of the Civil Code of Ukraine, in our country it is possible to implement the following methods of defense against the use of someone else’s intellectual property:

  • Proactive and immediate measures to prevent violation.
  • Delay at the border of goods that are in violation of IP.
  • Removal of counterfeit products from circulation.
  • Seizure of equipment and materials with the help of which counterfeit is produced.
  • Monetary compensation for the use of someone else’s work (instead of compensation for losses).
  • Publication in the media of data on the violation and the court decision on it.

These measures are being implemented by a court decision. Our lawyers will represent the client’s interests in judicial authorities, the Antimonopoly Committee of Ukraine, divisions of the Ministry of National Police of Ukraine, Ukrpatent and its Appeals Chamber, and other instances.

Intellectual property protection of the company

Each company has many intangible IP assets in its assets. Very often their value is greater than that of all other assets. Sometimes the management does not even realize that some developments are framed incorrectly, and other intellectual rights are not formalized at all and should be protected.

In order not to lose key technologies, that is, advantages over competitors, it will be necessary to work on the issues of intellectual security. Here our specialists will come to the rescue. They can advise on a one-time basis, or they can build a reliable IP management system or conduct a deep audit of it.

We will provide such services for companies:

  • identify all objects of protection, check their defense capacity, select the appropriate methods of advocacy;
  • help you commercialize your developments;
  • carry out Due Diligence to prepare for investment projects;
  • issue security documents for products;
  • prepare contracts of disposal (licensing, alienation, author’s order) for the creation of an IP object;
  • develop a strategy for the advocacy of property, assess the prospects of a claim, and represent interests in court;
  • answer the claims of third parties;
  • assess the IP rights.

Taking into account the peculiarities of the company’s activities, we will help you develop an effective taxation system.

Intellectual property disputes

Sometimes it is possible to protect your property from misuse only through judicial defention. For example, if:

  • The violator does not admit guilt or does not respond to written requests from the copyright holder.
  • The culprit is covered by a certificate or certificate issued in violation of other people’s IP rights. Only a court can annul a document.

The importance of preventive protective measures cannot be overemphasized. However, problems can arise even when the copyright holder has done everything correctly. They turn to the court to prevent the spread of counterfeit goods, to invalidate a fake certificate for TM, if they want to impose sanctions on the user or challenge the decision of a government agency.

Entrust representation in court to our lawyers. They use every opportunity to get out of the situation with minimal losses and the greatest benefit for the client. They have experience in litigation, which is applied if you cannot do without a lawsuit.

Protection of intellectual property rights in Ukraine

In Ukraine, the field of IP includes:

  • developments in the field of copyright (software, mobile applications, songs, literature);
  • developments in scientific and technical activities (inventions, utility models, industrial samples, plant varieties, commercial secrets).
  • Commercial designations (TM, names, logo).

All these objects are subject to defense. The first method that we recommend in any country where a company is planned to be present is to officially register ownership. That is, to receive documents of protection, which will serve as evidence. If something goes wrong, there are two forms of advocacy you can use:

  • Non-jurisdictional. The copyright holder addresses the offender and offers to resolve the dispute without involving state bodies. This is a simple and cheap option, but practice shows that after it, you still often have to go to court.
  • Jurisdictional. From the very beginning, a lawsuit is filed, that is, government agencies are involved. You will have to pay the state fee and the work of an attorney, but this form is often more effective.

Our experts will help you register your rights, advise on the prospects for claims against violators, and issue a pre-trial claim or a lawsuit. SION lawyers have vast experience in dealing with such issues; many of its employees have been dealing with intellectual property rights for about 20 years.

To collect evidence in favor of the copyright holder, we turn to forensic experts. Examination of objects of intellectual property rights takes a separate place in the proof of IP defense. It determines the level of similarity of trademarks, determines the presence of plagiarism, determines the use of the patented claims in a particular product and provides answers to many other questions.

How much does IP protection cost

The first step to protecting intangible assets is to register them. Obtaining certificates and patents in Ukrpatent and other official departments is accompanied by payment of fees. The work of a patent attorney is also paid. Prices differ significantly: they depend on the jurisdiction and what exactly is subject to registration.

If a violation has occurred and the possibilities of non-jurisdictional advocacy are used with the involvement of a lawyer, you must pay him a fee. When applying to the court, the court fees are paid. Their size may vary depending on the nature of the issue. Before starting cooperation, we will make a calculation, indicate the amount of our specialist’s remuneration and write down the amount of government fees.

Protection of intellectual property abroad

International defense is achieved, first of all, by legalization of IP by any legal method. There are many acts to protect your developments at the international level. Among them:

  • European Patent Convention (applicable in the EU, European and Asian countries).
  • Eurasian Patent Convention (relevant for the CIS).
  • Paris Convention for the Protection of Industrial Property.
  • Patent Cooperation Treaty (PCT).
  • Madrid Agreement with Trademark Registration Protocol.
  • Universal Copyright Convention.
  • Berne Convention for the Protection of Works.

Great attention is paid to the advocacy of IP in the United States, which provides powerful legal support for copyright holders. It is considered honorable to deposit a work in the Library of Congress in the United States, and the country’s judicial system has developed a strong tradition of supporting authors. The jurisdiction is ranked first in the world in IP enforcement efforts.

Intellectual finds are reliably protected by law in China, the courts here severely punish violators. In terms of efforts that protect creative and industrial developments, the country is in second place after the United States. In popularity among authors and inventors who seek to obtain titles of defence, China is the first in the world.

Abroad, the rights of Ukrainian citizens can only be represented by certified patent attorneys. Our company has a representative office in the UK. We also attract fellow lawyers from other countries to protect the interests of our clients in Russia, Canada, the United Arab Emirates, Qatar and many other jurisdictions.

To calculate the cost of cooperation, please write to us by mail: info@sion.ua.