Category Archives: Intellectual property

In the modern world of information technology, intellectual property rights (hereinafter referred to as “IPR”) are an extremely important element. In the IT sphere, the protection of intellectual assets is becoming a key success factor for developers, companies and startups. In this memo, we will tell you about the main aspects of intellectual property rights…

 What does the right to the use of a trademark include? The use of a trademark means applying it to goods, letter heads, documents, clothing, equipment, and using it in advertising, and so on. An important type of the use of a trademark is to place it in the enterprise’s domain.  Can a trademark registration…

The question of co-authorship arises quite often, i.e. when 2 or more persons have created one work. As a general rule, in this case both (all) authors shall have equal rights to the work. Accordingly, the consent of all authors is required to decide on the use of the work, alienation of it. If the…

Work for hire means the work that was created during the performance of work commitments (for example, under a civil law contract). The rights to works for hire have their own characteristics. Unless otherwise specified in the agreement concluded with the employee, the exclusive property right to the work for hire belongs to the employer,…

What can be registered as a trademark? A trademark may be any word-picture (word, set of letters, phrase), image (picture, icon) or combination of word and image.  What do you need to do before registering a trademark? Due to the fact that it is prohibited to register the same trademark by several persons in relation…

Yes, it is technically possible, however: – It will require substantial funding; – there is no need for this. It will not significantly affect the breadth of protection, and in case of non-use of the trademark in certain classes, interested persons may file a claim with court regarding the deprivation of the rights to a…

According to Part  2 of Article 11 of the Law of Ukraine “On Copyright and Related Rights”, the copyright of a work arises immediately upon the creation of such work, i.e. no registration of the rights is required. However, from a legal point of view, it is important to have evidence of who created a…

If you want to register the copyright of a relative, who left behind a number of literary works, you can do it in the form of copyright registration of a collection of the works: as a result, you become the author of the collection, and your relative remains the author of the works in it.

The decisions on declaration of ownership right to the intellectual property item (trademark, invention, utility model) and on recognition of the mark for goods and services as well-known ones shall be made by the Ministry of Economic Development and Trade of Ukraine. When the ministry makes a negative decision on these issues, an appeal against…

In case of the purchase of rights to a trademark (or any other item of intellectual property) an appropriate agreement shall be concluded between the parties that defines the conditions for the transfer (alienation) of the rights: to which mark the rights are transferred (alienated) exactly, the scope of rights to be alienated, for which…