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Polska, Kraków,

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Ukraine, Kyiv,

INTELLECTUAL PROPERTY LAW 2017-11-29 23:00:35

 

Intellectual property - is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. On this basis, each individual or legal entity may be the owner of the rights of intellectual property.

Rights of intellectual property include personal non-property and (or) intellectual property rights.

 

Intellectual property rights

Right of use.

Exclusive right to dispose (authorize use).

Exclusive right to prevent unauthorized usage, including prohibiting to use.

 

The value of intellectual property rights

Alienated from a person or enterprise

Can be:

- The subject of the pledge agreement;

- Contributed to the authorized capital;

- Transferred to other persons in whole or in part on the basis of the Agreement.

Have temporary and territorial restrictions.

 

Non-property intellectual property rights

 The right to authorship.

The right of inviolability of the work.

 

The value of non-intellectual property rights

Are unbroken from the author;

Rights are not transferred;

Belong to the author, regardless of property rights;

Reserved for the author in case of transfer of property rights to other persons;

Operate without time limit.

 

Intellectual Property Objects  

 

No. p / p

Title

Duration of rights

1.

An invention (utility model) is the result in any field of technology.

20 years

2.

Industrial designs - drawing, coloring or a combination of them, which determine the appearance of an industrial product.

20 years

3.

Brand (trade mark) - a designation that distinguishes the goods (services) of some individuals from others

10 years

4.

Geographical indication - verbal or pictorial designation indicating the geographical origin of the goods

indefinitely, provided that the characteristics of the goods (service) determined by this definition are maintained.

5.

Brand (commercial) name - a legal name that distinguishes legal entities from each other.

Until the change of the name or liquidation of the subject

6.

Plant variety is a separate group of plants (clone, hybrid, population) from already existing plant varieties (species) that are not yet recognized in society.

30 years; trees and grapes - 35 years from January 01 following the year of state registration

7.

Breeds of animals - a set of individuals of a certain species of animals, which has genetically determined characteristics that distinguish it from other sets of individuals of this species of animals.

30 years

8.

Topographies of integrated microcircuits - the spatial-geometric arrangement of a set of elements of an integrated microcircuit and the connections between them fixed on a material carrier.

10 years

9.

Scientific discovery - the establishment of previously unknown, but objectively existing properties and phenomena of the material world, which make changes in the level of scientific knowledge.

timeless

10.

Literary and artistic works - all works in the field of literature, science and art, in whatever way and in whatever form they are expressed: books, brochures and other written works, lectures, addresses, sermons, drama and musical drama, choreographic works, musical works with or without text, cinematographic works to which works are equated, expressed in a manner analogous to cinematography; drawings, paintings, works of applied art and others.

Throughout the life of the author, as well as 70 years after the death of the author (the last co-author in the case of co-authorship)

11.

Database (data compilation) - a set of works, data in an arbitrary form, the location of parts of which is the result of creative work.

12.

A computer program is a set of instructions in the form of words, numbers, codes, diagrams, symbols, or in any other form, expressed in a form readable by a computer, which bring it into action to achieve a specific goal or result.

13.

Videogram - video recording on the corresponding material carrier, performance or any moving images, except images in the form of a recording included in the audiovisual work.

50 years from the date of first publication

14.

Phonogram - sound recording on the appropriate medium, performance or any sounds other than sounds in the form of a recording included in an audiovisual work.

15.

Performance - presentation of works (literary, dramatic, musical, musical-dramatic) phonograms, broadcast videograms for the purpose of their public notification.

50 years from the date of the first performance record

 

The main feature of intellectual property rights is that they must be the result of intellectual creative activity.

Legal protection of the results of intellectual activity is carried out in the form of a patent or certificate. They are issued by authorized state bodies and indicate the owner (author), determine the name and type of object, the period of validity.

Each object of intellectual property rights has its own characteristics of registration and legal protection.

 

 

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