Intellectual property | Zilver https://zilver.com.ua Fri, 20 Feb 2026 16:40:48 +0000 en-GB hourly 1 https://wordpress.org/?v=6.1.1 Intellectual Property Law in IT https://zilver.com.ua/en/intellectual-property-law-in-it/ https://zilver.com.ua/en/intellectual-property-law-in-it/#respond Tue, 04 Mar 2025 21:44:06 +0000 https://zilver.com.ua/?p=12713 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…

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]]> 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 in the IT sphere and how to protect your developments.

 

1. What is considered intellectual property in IT?

In the IT sphere, intellectual property objects include:

  • Software (SW) and source code;
  • Databases;
  • Algorithms and technical solutions;
  • Interface design (UI/UX);
  • Names and logos (trademarks) of IT products (games, programs, applications, etc.);
  • Content (texts (publications, scripts), images, videos, audio);
  • Trade names of companies.

 

2. Registration of intellectual property rights?

Depending on the object of intellectual property and the type of intellectual property rights, such rights may be formalized in different ways:

  • Copyright: automatically arises when an object is created (for example, software or design) and does not require registration (but the author may register his work and the rights to it if he wishes). However, it is important to record authorship and keep evidence of the creation of the work (email, publication, printing, etc.).
  • Intellectual property rights: arise when a work is created (code, script, design, etc.) and do not require registration, but their transfer and disposal must be the detailed subject of an agreement between creators, customers, investors and users (depending on the situation, the composition varies).
  • Patents: suitable for protecting unique technical solutions and inventions. Patenting requires official registration.
  • Trademarks: protect names, logos and brands of IT products. Trademark registration is mandatory (more details at the link).
  • Trade secrets and confidential information: partially protected by law, but requires competent protection at the level of contracts (NDA) and internal agreements.

 

3. Intellectual Property Agreements in the IT Sphere

To avoid disputes and protect your rights, it is important to draw up contracts correctly:

  • License agreements: define the terms of use of software or other IP objects. License agreements are concluded both at the stage of developing new products (for use in developing existing products) and at the stage of distributing the created product. There are many types of license agreements and they depend on various factors: term, royalties, territory, etc.
  • Agreements on the transfer of intellectual property rights: allow you to transfer the rights to an IP object to another person. Such agreements are concluded with developers, partners, buyers, etc.
  • Contract with the author (can be included in an employment contract, a contract for work or another contract) : the author has the right to royalties, so it is important to include relevant provisions in contracts or to conclude a separate contract with the author. This type of contract is also important if there are several authors of one work.
  • NDA (Non-Disclosure Agreement): Protects confidential information when collaborating with third parties.

 

4. What to do in case of rights violation?

In case of violation of intellectual property rights in the IT sphere, it is important:

  • Collect evidence (screenshots, documents, testimonies) on the case;
  • Obtain a qualified legal assessment of the situation for decision making;
  • If necessary, file a lawsuit in court.

 

5. General recommendations

Each situation requires detailed study by lawyers and an individual approach, so we offer only general recommendations in the field of IP in IT:

  • Properly formalize contracts with the team, suppliers and consumers;
  • Develop and implement the necessary package of internal policies and rules for the protection of intellectual property rights;
  • Register intellectual property rights in the required jurisdictions;
  • Conduct training and instruction of personnel;
  • Monitor staff compliance with third party intellectual property rights;
  • Limit the use of open-source code (if possible);
  • Also take technical measures to protect intellectual property rights.

 

6. Why is it important to cooperate with lawyers?

Zilver lawyers will consult on intellectual property issues and help:

  • Register rights to IP objects;
  • Draw up contracts and agreements;
  • Protect your interests in case of disputes.

Don’t leave your developments unprotected! Contact Zilver and we will provide reliable legal support for your business in the IT sphere.

 

Need advice? Contact Zilver — we know how to protect your ideas in the digital world!

Zilver is your reliable partner in the world of law and technology!

 

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]]> https://zilver.com.ua/en/intellectual-property-law-in-it/feed/ 0 Why to register a trademark in Ukraine? https://zilver.com.ua/en/why-to-register-a-trademark-in-ukraine/ https://zilver.com.ua/en/why-to-register-a-trademark-in-ukraine/#respond Sun, 21 Apr 2019 17:06:13 +0000 https://zilver.com.ua/?p=3718  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…

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]]>  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 produce a profit?

Yes, it can produce it under appropriate circumstances. It is clear that every trademark registered in Ukraine or in another country has its own value. Therefore, a trademark can be simply sold (exclusive intellectual property rights to it can be transferred to another person), or permission for use of it shall be granted by entering into a corresponding license agreement or complex franchise agreement. A royalty is a payment for using a trademark.

At the same time, there is a possibility of using the trademark in order to reduce tax obligations (so-called tax planning): taxes are reduced due to royalty payments.

 

 

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Effectively closed projects in intellectual property by lawyers (records starting from 15th August 2023):

Registered TM

Registered trademark

Trademark Registration

Registered a trademark

Counterfeit Goods Stopped at Customs

Amicable Settlement of an Import and Intellectual Property Dispute (December 2025).

 

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]]> https://zilver.com.ua/en/why-to-register-a-trademark-in-ukraine/feed/ 0 Co-authorship in Ukraine https://zilver.com.ua/en/co-authorship-in-ukraine/ https://zilver.com.ua/en/co-authorship-in-ukraine/#respond Sun, 21 Apr 2019 17:02:41 +0000 https://zilver.com.ua/?p=3712 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…

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]]> 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 co-authors fail to reach an agreement, the dispute shall be resolved in court.

Based on the practice, the lawyers of the Zilver Law Company recommend their clients, prior to the creation of the work, to sign an agreement that specifies the fate and rights of the authors to this work.

 

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]]> https://zilver.com.ua/en/co-authorship-in-ukraine/feed/ 0 Work for hire in Ukraine https://zilver.com.ua/en/work-for-hire-in-ukraine/ https://zilver.com.ua/en/work-for-hire-in-ukraine/#comments Sun, 21 Apr 2019 16:57:38 +0000 https://zilver.com.ua/?p=3706 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,…

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]]> 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, (part  2 of Article 16 of the Law of Ukraine “On Copyright and Related Rights”).

In order to avoid controversy and claims after completing the creation of work for hire, it is advisable to sign an instrument between the employer and the employee, which specifies the fact that the property rights have been transferred and relevant payments have been made.

The personal non-property rights to the work for hire belong to the employee, regardless of the agreements concluded with the employer. This provision is set by the legislation of Ukraine.

 

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]]> https://zilver.com.ua/en/work-for-hire-in-ukraine/feed/ 1 Registration of Trademarks (marks for goods and services) https://zilver.com.ua/en/registration-of-trademarks-marks-for-goods-and-services/ https://zilver.com.ua/en/registration-of-trademarks-marks-for-goods-and-services/#respond Sun, 21 Apr 2019 16:53:54 +0000 https://zilver.com.ua/?p=3700 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…

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]]> 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 to the same goods or services, before starting trademark registration, you shall make sure that the trademark you have chosen is not registered by someone else, and check for the existence of similar registered trademarks.

 Who can register a trademark in his/her own name?

Both a legal entity and an individual, regardless of the citizenship and place of residence, can register a trademark in own name.

 How long does the trademark registration last?

As a rule, the trademark registration process takes 12-18 months.

 

 

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Effectively closed projects in intellectual property by lawyers (records starting from 15th August 2023):

Registered TM

Registered trademark

Trademark Registration

Registered a trademark

Counterfeit Goods Stopped at Customs

Amicable Settlement of an Import and Intellectual Property Dispute (December 2025).

Preliminary Trademark Search Conducted

 

Law firm “Zilver” on Facebook

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]]> https://zilver.com.ua/en/registration-of-trademarks-marks-for-goods-and-services/feed/ 0 Is it possible to register a trademark in all ICGS classes? https://zilver.com.ua/en/is-it-possible-to-register-a-trademark-in-all-icgs-classes/ https://zilver.com.ua/en/is-it-possible-to-register-a-trademark-in-all-icgs-classes/#respond Sun, 21 Apr 2019 16:49:03 +0000 https://zilver.com.ua/?p=3694 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…

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]]> 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 mark for goods and services in the classes that are not used. After paying the expenses associated with legal proceedings, you will most likely forfeit the trademark rights in the classes that have not been used. The only classes will remain that are directly related to your enterprise activity.

 

Effectively closed projects in intellectual property by lawyers (records starting from 15th August 2023):

Registered TM

Registered trademark

Trademark Registration

Registered a trademark

Preliminary Trademark Search Conducted

 

 

Law firm “Zilver” on Facebook

Law firm “Zilver” on Instagram 

Law Firm “Zilver” on LinkedIn  

Law Firm “Zilver” in Telegram

 

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]]> https://zilver.com.ua/en/is-it-possible-to-register-a-trademark-in-all-icgs-classes/feed/ 0 Do I need to register copyrights? How to register copyrights? https://zilver.com.ua/en/wie-kann-man-die-urheberrechte-auf-die-werke-der-s-verwandten-registrieren-2/ https://zilver.com.ua/en/wie-kann-man-die-urheberrechte-auf-die-werke-der-s-verwandten-registrieren-2/#respond Sun, 21 Apr 2019 16:44:06 +0000 https://zilver.com.ua/?p=3687 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…

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]]> 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 certain item of intellectual property and when.

It is important to know that the author is the one, who was the first to create the work. Therefore, it is necessary to record the time of its creation with all the evidence as mentioned above.

However, if you wish, you can register the author’s rights to a certain work with the Ministry of Economic Development and Trade of Ukraine and obtain a corresponding certificate.

 

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]]> https://zilver.com.ua/en/wie-kann-man-die-urheberrechte-auf-die-werke-der-s-verwandten-registrieren-2/feed/ 0 How to register copyrights to the work of a closed one? https://zilver.com.ua/en/how-to-register-copyrights-to-the-work-of-a-closed-one/ https://zilver.com.ua/en/how-to-register-copyrights-to-the-work-of-a-closed-one/#respond Sun, 21 Apr 2019 16:39:39 +0000 https://zilver.com.ua/?p=3680 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 post How to register copyrights to the work of a closed one? first appeared on Zilver.

]]> 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.

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]]> https://zilver.com.ua/en/how-to-register-copyrights-to-the-work-of-a-closed-one/feed/ 0 Appealing the decisions regarding the declaration of ownership right to intellectual property item in Ukraine https://zilver.com.ua/en/appealing-the-decisions-regarding-the-declaration-of-ownership-right-to-intellectual-property-item-in-ukraine/ https://zilver.com.ua/en/appealing-the-decisions-regarding-the-declaration-of-ownership-right-to-intellectual-property-item-in-ukraine/#respond Sun, 21 Apr 2019 16:35:37 +0000 https://zilver.com.ua/?p=3675 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…

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]]> 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 the corresponding decision becomes relevant.

If an applicant, who is denied registration of intellectual property rights, does not want to change his/her item (recipe, logo) and intends to protect his/her rights, he/she has 2 options to appeal the decisions of the Ministry of Economic Development and Trade of Ukraine (Ukrpatent): appeal to the court or appeal to the Appeal Commission at the State Intellectual Property Service of Ukraine.

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]]> https://zilver.com.ua/en/appealing-the-decisions-regarding-the-declaration-of-ownership-right-to-intellectual-property-item-in-ukraine/feed/ 0 Transfer and re-registration of intellectual property rights to a trademark in Ukraine https://zilver.com.ua/en/transfer-and-re-registration-of-intellectual-property-rights-to-a-trademark-in-ukraine/ https://zilver.com.ua/en/transfer-and-re-registration-of-intellectual-property-rights-to-a-trademark-in-ukraine/#respond Sun, 21 Apr 2019 16:31:56 +0000 https://zilver.com.ua/?p=3669 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…

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]]> 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 classes of goods and services, what is obtained in return, etc.

After the conclusion of the agreement, the new rightholder shall, without fail, register the fact of the alienation of the rights to him/her with Ukrpatent. For this purpose, an application is submitted to Ukrpatent. Ukrpatent, in its turn, makes the relevant entry in the State Register of Certificates of Ukraine regarding the marks for goods and services. It is necessary to know that the certificate regarding the mark for the goods and services remains the same (with the data of the previous rightholder), but an extract with the data of the new owner of the rights to the trademark from the state register shall be issued in addition to the certificate.

 

Closed projects (records from August 2025):

 

 

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Effectively closed projects in intellectual property by lawyers (records starting from 15th August 2023):

Registered TM

Registered trademark

 

Law firm “Zilver” on Facebook

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