Copyright

Copyright

this is a collection of rights belonging to the author in connection with the creation and use of works of literature, science, art. This is a set of legal norms governing relations arising from the creation and use of works of literature, art and science. Copyright establishes favorable legal conditions for creative activity, ensures the availability of the results of this activity to the whole society. It determines and ensures broad protection of personal non-property and property rights of authors.

Objects of copyright:

• literary written works of a publicistic, scientific, technical or other nature (books, pamphlets, articles, etc.);
• speeches, lectures, speeches, sermons and other oral works;
• computer programs;
• Database;
• musical works;
• dramatic, musical-dramatic works, pantomimes, choreographic and other works created for the stage show, and their productions;
• audiovisual works;
• works of fine art;
• works of architecture, urban planning and landscape art;
• photographic works, including works performed in ways similar to photography;
• works of applied art;
• illustrations, maps, plans, drawings, sketches, plastic works relating to geography, geology, topography, engineering, architecture and other fields of activity;
• stage processing of works, processing of folklore, suitable for stage display;
• collections of works, collections of folklore processing, encyclopedias and anthologies, collections of ordinary data, other composite works provided that they are the result of creative work;
• texts of translations.

The author, having created the work, automatically acquires ownership rights to it. At the same time in Ukraine, there is a mechanism for registration of copyright. Registration is handled by the State Intellectual Property Service of Ukraine, which keeps records of authors, registers their works, issues certificates to authors.

Property and non-property rights of the author.

It is necessary to distinguish between the author’s property and non-property rights.

Non-property rights include:

• the right to demand recognition of one’s authorship by properly indicating the author’s name on the work and its copies and during any of its public uses;
• the right to prohibit, during the public use of a work, the mention of his name, if he as the author of the work wishes to remain anonymous;
• the right to choose an alias, to require an alias on the work and its copies and during any of its public use;
• the right to demand the preservation of the integrity of the work and to resist any distortion, distortion or other modification of the work or any other encroachment on the work, which can damage the author’s honor and reputation.

The property rights include:

• the exclusive right to use the work;
• the exclusive right to authorize or prohibit the use of the work by others.

It is on the basis of the emergence of property rights that the author has the opportunity to receive remuneration for the use of his work. The law establishes the period of validity of the author’s property rights throughout the life of the author and 70 years after his death (remuneration for the use of the work after the death of the author is obtained by his heirs).

Non-property rights of the author are protected indefinitely.

What document is confirmed by copyright?

Copyright is certified by a Certificate issued by the State Intellectual Property Service.

Why is it necessary to register copyrights?

Although registered and unregistered works, according to the Law of Ukraine “On Copyright and Related Rights” are protected in the same way, registration of the copyright to a work gives an opportunity to obtain a certificate confirming the ownership of copyright to one or another person. The certificate is the only convincing way to confirm its authorship of a work in case of its misuse by other persons, in court cases, in concluding agreements to receive remuneration for the use of the work, and the like.

Types of registrations:

• Registration of authors’ copyright for a work.

• Registration of agreements on transfer (alienation) of property rights to a work.

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Silicon valley and known Ukrainians

Silicon valley: peculiarities of the initiation, secrets of success and known Ukrainians

Silicon Valley is a place where almost every startup and programmer dreams to work. It is not on the geographic map, but it is one of the largest centers of development of world innovation technologies. “They built innovative companies that have become huge technology corporations, and that’s because wherever everyone saw the risk, they saw opportunities,” venture capitalist Tom Perkins said of the pioneers of the Valley.

Silicon Valley: features of origin, secrets of success and famous Ukrainians
Silicon Valley is the world’s leading center of high-tech companies located in the southwest of California. The largest cities in the Silicon Valley are San Francisco, San Jose, San Mateo, Polo Alto, Fremont, Santa Cruz, Scotts Valley, Livermore and Pleasanton. Stanford University became an original intellectual center of the Valley, which annually takes in its ranks about 7000 students and 8000 graduate students. Many of the graduates subsequently join the ranks of the inhabitants of large companies, inform Economic News.

Silicon Valley: features of origin, secrets of success and famous Ukrainians

Now the leading manufacturers of microprocessors, software, mobile devices, biotechnologies, etc. are working here. It all began in the middle of the 19th century, when the first research laboratories for shipbuilding, both military and commercial, were built on this territory. Add that the US Navy contributed to the formation of the Valley: in 1933 the Navy acquired Moffetfield – a piece of land in the city of Sunnyvale for servicing military airships. Later, the territory became the center of the aerospace industry. During World War II, radar and artillery systems were manufactured here.

One of the “fathers” of the Silicon Valley is the physicist William Shockley, who, while working at Bell Labs, together with his colleagues, invented the first germanium bipolar transistor. For this researchers in 1956 they received the Nobel Prize in Physics. Later, Shockley moved to California, where he founded the Shockley Semiconductor Laboratory in Mountain View. The main purpose of the new company was the development of methods for the use of silicon in the manufacture of transistors (which replaced the more expensive and less resistant to high temperatures semiconductor material – germanium). Shockley gathered eight talented young researchers in his team who, after the death of their mentor, continued the business and established a successful production of silicon transistors. These employees went down in history under the name “Treacherous Eight”.

Silicon Valley: features of origin, secrets of success and famous Ukrainians

For the first time the name “Silicon Valley” was used in 1971 in his report on the development of the semiconductor industry journalist Don Hefler. The Russian-language version of “Silicon Valley” arose from the similarity of writing English words silicon (silicon) and silicone (silicone). Criticizing the error, in 1984, Steve Gibson wrote in Infoworld magazine: “… integrated circuits are created from thin, round, flat plates of ultrapure silicon. This is by no means the same as silicone. Silicon Valley – this is what some Hollywood actresses see when they look under their feet. Silicon Valley is a place in Northern California where chips are made. “

In 1972, financiers Eugene Kleiner and Tom Perkins created the first venture capital company in the Silicon Valley for young entrepreneurs. After that, inventors and scientists from around the world began to seek happiness in the Valley. We add that ordinary residents who had a piece of land in the southwest of California instantly became billionaires after the sale of plots.

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Development of innovations and subsidies for high-tech industries

The Ministry of Education and Science has developed a package of laws for the development of innovations, providing subsidies for high-tech industries

66 projects with the participation of Ukrainian scientists accepted for financing in the program of the European Union Horizon-2020 – their budget is about 12 million euros. This was announced by the Deputy Minister of Education and Science of Ukraine Maxim Stryha during the International Scientific and Practical Conference “EUREKA in Ukraine”.

He stressed that the indicator of Ukraine’s success in Horizons-2020 is almost 10%. This is a good result, especially given that Ukraine takes part in the program for only 2 years.

“The EU is one of the leaders in the development of innovation. We are working to high-quality effective European practices and implement them in Ukrainian conditions. Therefore, it is very important for us to participate in European programs that promote Ukraine’s integration into innovation processes in Europe, in particular, Horizon-2020, EUREKA, COST “, – said Maxim Stryha.

Ukraine has been a member of EUREKA for about 10 years. This program allows scholars from different European countries to unite to implement projects that can not be performed independently in a particular country. Thus, within the framework of EUREKA, an entire network of industrial research and development was created, in which our country implemented 34 projects.

“If you have a good idea, but you need additional resources such as knowledge, technology, means of production, markets, EUREKA can help you find partners with relevant resources and make deals. The main areas of cooperation in this program are medical and biotechnology, IT, energy, communications, transport, environment and others. And Ukraine today has implemented projects in almost all of these areas “, – explained Victor Shovkalyuk, Head of the Department of Innovation and Technology Transfer of the Ministry of Education and Science.

He also noted that the MES is now focusing on the creation of a favorable legal and institutional climate in Ukraine for the introduction of innovations. First of all, it is about successful implementation of innovative projects, in particular, created within the framework of international programs, and better commercialization of scientific results.

So, MES specialists together with scientists, business representatives and non-governmental organizations have developed a project of system support and development of innovation activities. Today, it is being implemented through a series of draft legislative acts, either already adopted in the first reading or endorsed by the Government Committee of the Cabinet of Ministers.

For example, amendments to the Law “On State Regulation of Activities in the Field of Technology Transfer” provide for subsidies for projects of high-tech industries created by domestic industrial enterprises with the participation of domestic scientific institutions or universities.

 

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Information support and organizational support of innovative business

Information support and organizational support of innovative business, providing a wide range of patent information services, conducting information searches and patent studies, drafting applications for the issuance of protection documents in Ukraine and abroad, drawing up license agreements; consulting on the acquisition, use and protection of industrial property; preparation of thematic collections of patent documentation and analytical reviews; maintenance of functioning of the Internet exchange of industrial property, assistance in the development of inventive activity, holding seminars, conferences, contests of inventive activity.

Consulting

 

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Intellectual property center

Intellectual property center

The department of patent information services, consultations and promotion of innovative activities of the State Enterprise “Ukrainian Institute of Intellectual Property” has many years of experience in the field of intellectual property.

The Branch employs experienced specialists in providing services in the field of intellectual property, promoting innovative and inventive activities that are capable of solving the most complex issues.

Due to the high professionalism of the employees of the Branch, many companies and individuals receive qualified assistance here on:

  • preparation and submission for registration of applications and receipt of title documents for industrial property:
    inventions;
  • useful models;
  • industrial designs;
  • trade marks;
  • indication of the origin of goods;
  • topographies of integrated circuits;
  • preparation of documents for registration of copyright objects;

For legal entities and individuals, the Center also performs:

  • all types of patent information search (thematic, personal, etc.);
  • preparation of information on the industrial property object, placing it on the Internet-exchange website and searching for investors;

Preparation of documents for registration of contracts on disposal of rights to intellectual property in Ukraine.

Specialists of the Center provide comprehensive and qualified advice on legal and economic issues in the field of intellectual property and offer information support at all stages of the process of acquiring the protection of your intellectual property.

Also, the specialists of the Center will be happy to help you:

  • in obtaining a trademark certificate for the registration of domain www.names.ua
  • in the preparation of a patent form;
  • in pre-trial settlement of disputes in the field of industrial property law;
  • in preparation, compilation and registration of license agreements, analysis of agreements on the transfer of rights to intellectual property;
  • in the maintenance of the protection documents for inventions, industrial designs, utility models and the extension of the validity of trademark certificates.

Intellectual property

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Trademark

Trademark
(Trademark)

Trademark in Ukraine (trademark) is a designation that distinguishes goods and services of certain persons among similar or related goods and services of other persons.

What rights does the owner of the certificate of Ukraine have for a mark for goods and services?
The certificate of Ukraine for a mark for goods and services gives its owner the right to use a sign, as well as the exclusive right to prohibit other persons from using, without his consent, a registered sign, the exclusive right to dispose of the right to sign.

The ownership of the sign is certified by a certificate.

The certificate of Ukraine for a sign for goods and services is an official security document issued on behalf of the state by the authorized body – the State Intellectual Property Service of Ukraine.

Any natural or legal person has the right to receive a certificate. The scope of legal protection, which is determined by the image of the mark and the list of goods and services entered in the State Register of Certificates of Ukraine for signs for goods and services, and certified by a certificate.

The validity of the certificate is 10 years from the date of filing the application and is extended at the request of the certificate holder every 10 years, subject to payment of the fee. After termination of the certificate, no one other than the former owner has the right to re-register the mark for three years.

What are the distinctive features of a trademark?
A trademark must have a distinctive ability and should not mislead consumers with respect to the producer of goods or the place of production.

Types of designations can be registered as a trademark?
The sign object for goods and services can be any designation or any combination of designations. Such notations may be, in particular, words, including proper names, letters, numbers, pictorial elements, colors and combinations of colors, as well as any combination of such designations. Registration of a mark for goods and services can also be carried out if the designation is three-dimensional, for example, representing a package of goods or the goods themselves. Legal protection is granted to a sign that does not contradict the public order, the principles of humanity and morality and is not subject to the grounds for refusal to grant legal protection established by Article 6 of the Law of Ukraine “On Protection of Rights to Marks for Goods and Services”.

What is the procedure for registering a mark for goods and services in Ukraine?
The procedure for registering a mark for goods and services in Ukraine is defined by the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” and the Rules for Submission and Consideration of Applications. The application is submitted to the State Enterprise “Ukrainian Institute of Industrial Property” by a person, wishes to receive a certificate. At the request of the applicant, the application can be submitted through a representative for intellectual property (patent attorney) registered in accordance with the Regulation on the representative for intellectual property (patent attorney), approved by the Cabinet of Ministers of Ukraine on 10.08.94 under No. 545.

Foreign persons and stateless persons who have a permanent place of residence or a location outside Ukraine exercise their rights, in particular the right to file an application, only through patent attorneys, unless otherwise provided for by international agreements.

A simplified procedure for registering a sign for goods and services consists of the following stages: filing an application; the date of application; examination of the materials of the application for compliance with formal requirements (formal examination) examination of the claimed designation for compliance with the conditions for granting legal protection (substantive examination); making a decision on registration or refusal to register the claimed designation; publication of information on the registered trademark and its registration in the State Register; issue of a certificate of Ukraine for a sign for goods and services.

A fee is paid for submitting an application.

How long does it take to register a trademark for goods and services in Ukraine?
The procedure for registering a mark for goods and services takes an average of 12 months.

Is it possible to accelerate the receipt of a certificate of Ukraine for a sign for goods and services?
The issuance of evidence can be accelerated. For this, there are special tariffs.

The shortest period can be 4 months.

But this is the case, if there are no problems associated with the conditions for granting legal protection.

What is the procedure for registering a trademark (a mark for goods and services) in foreign countries?
Protection of the mark in other countries can be obtained in two ways.

First, it is possible to file an application with the State Office in which the applicant wishes to receive protection in accordance with the law and rules governing the registration of a mark in the country of submission.

Secondly, it is possible to register a sign in foreign states in accordance with the Madrid Agreement on International Registration of Marks and the Protocol to this Agreement. In this case, an application indicating the list of countries in which the applicant wishes to receive protection is submitted to the State Enterprise “Ukrainian Institute of Industrial Property”. The application for international registration may be based on national registrations or national applications, provided that they relate to the same trademark filed by one legal entity or individual, and the goods and services coincide with the declarations in national registrations or applications. Upon receipt of the necessary documents, the UIPV verifies and certifies that the mark corresponds to the form in which it is presented in the State Register of Certificates of Ukraine on signs for goods and services or an application for obtaining a certificate of Ukraine is filed on behalf of the same applicant, goods and the services coincide with the goods and services of the basic registration or the basic application. After that, the application for the international registration of the mark is sent to the WIPO International Bureau. The International Bureau of WIPO conducts an examination and registers the mark in the International Register and sends the certificate of international registration of the mark to the proprietor of the mark. Also, the International Bureau shall forward the relevant communications to all countries specified in the international application and within 12 months from the date of this notification, each country shall carry out the examination of the mark in accordance with national law, confirming the validity of the international registration for all goods and / or services or parts of the goods and / or services, or completely refuses to be protected. Registered marks have the same legal status as trademarks registered and registered in the country under the national procedure.

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Industrial model

Industrial model

What is an industrial design?

The industrial model is the result of man’s creative activity in the field of artistic design.

The object of the industrial design can be a shape, a pattern or a combination thereof that determine the appearance of an industrial product and is designed to meet aesthetic and ergonomic needs.

The acquisition of intellectual property rights for an industrial design is certified by a patent.

The patent of Ukraine for industrial design is a security document issued on behalf of the state by the authorized body – the State Intellectual Property Service of Ukraine.

With the flowering of design art in the world, more and more trying to ensure that the functionality of the products is combined with their pleasant appearance. As a consequence of this – the cost of design development is increasing. Therefore, the protection of the results of creative work of designers is ensured by the registration of relevant industrial designs.

Validity of the patent.

The period of validity of a patent for an industrial design is 10 years from the date of filing of the application and is prolonged at the request of the patent owner, but not for more than 5 years.

What objects can not get legal protection?

The following objects can not obtain legal protection:

– objects of architecture (except for small architectural forms);

– industrial, hydraulic engineering and other stationary structures;

– printed products as such;

– objects of unstable form from liquid, gaseous, loose or similar substances.

What rights does the owner of the patent of Ukraine have for industrial design?
The patent grants its owner the exclusive right to use the industrial design at his own discretion, and also to prohibit other persons from using the industrial design without his permission, except for cases when such use is not recognized in accordance with the Laws of Ukraine as a violation of the rights of the patent owner.

How to protect the industrial design?

According to the Law of Ukraine “On protection of rights to industrial designs”, legal protection is granted to the industrial model, does not contradict the public order, the principles of humanity and morality and meets the condition of patentability.

The condition of patentability of an industrial design is novelty. A person wishing to obtain a patent may apply for its extradition to the State Intellectual Property Service of Ukraine. On behalf of the applicant, an application may be submitted by a representative for intellectual property (patent attorney).

Foreign and other persons having a permanent place of residence or location outside Ukraine realize their rights through patent attorneys.

An application is a collection of documents necessary for obtaining a patent. It is compiled in Ukrainian and must contain:

  • application for the grant of a patent;
  • a set of product images that give a complete picture of the appearance of the product;
  • drawings (if they are referenced in the description);
  • drawing, diagram, map (if they have a link in the description).
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Invention and utility model

Invention and utility model

What is an invention and utility model?

The invention (utility model) is the result of human intellectual activity in any field of technology.

The invention is an opportunity to ensure progress in any field of technology to ensure the interests of society. Relations arising in connection with the acquisition and implementation of ownership of inventions (utility models) in Ukraine are regulated by the Civil Code of Ukraine and the Law of Ukraine “On the protection of rights to inventions and utility models.”

The acquisition of intellectual property rights for an invention (utility model) is certified by a patent.

The period of validity of a patent for an invention is 20 years from the date of filing an application.

A patent for a utility model is a variation of a patent issued on the basis of a formal examination of an application, 10 years from the date of filing an application.

What is a patent and what is it for?

In exchange for disclosing the essence of the invention by its author, the state issues to the author a patent for an invention (utility model).

The patent establishes the authorship of the invention (utility model) and the monopoly right to use the invention (utility model).

The patent is valid only on the territory of the country where it is issued.

To ensure the protection of your interests not only in Ukraine, but also abroad, it is recommended to obtain a patent in the country that interests you.

The invention (utility model) can be:

Legal protection is provided by the invention (utility model), which (which) does not contradict the public order, the principles of humanity and morality and meets the conditions of patentability. The object of the invention (utility model), the legal protection to which may be granted:

– product (device, substance, strain of microorganism, plant cell culture and animals);

– process (method), as well as a new application of a known product or process.

A patent is granted for an invention that meets the criteria for patentability: novelty, inventive step and industrial applicability.

A patent is issued for a utility model if it is new and industrially suitable.

What do you need to do to get a patent?

A person wishing to obtain a patent for an invention (utility model) and has the right to do so may apply for its issuance to the State Intellectual Property Service of Ukraine.

On behalf of the applicant, the application can be submitted through a representative for intellectual property (patent attorney).

Foreign persons and stateless persons who live or have a permanent location outside Ukraine realize their rights through representatives of intellectual property (patent attorneys).

A fee is paid for submitting an application.

Application – a set of documents required for the grant of a patent. The application is made in Ukrainian and must contain:

  • application for the grant of a patent for an invention (utility model);
  • description of the invention (utility model);
  • the formula of the invention (utility model);
  • drawings (if they are referenced in the description);
  • essay.

How to patent an invention (utility model) in a foreign country?

In accordance with Article 37 of the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models”, any person has the right to patent an invention (utility model) in foreign countries provided that the application for an invention (utility model) is submitted to the State Intellectual Property Service a person within three months from the date of filing of the said application, a notification on the attribution of the claimed invention (utility model) to state secrets.

Patents of the invention (utility model) in a foreign country can be implemented under the procedure of the Patent Cooperation Treaty (PCT).

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Patent Attorney of Ukraine

Patent Attorney of Ukraine

this is the representative for intellectual property.

Intellectual property is a statutory right to the result of a person’s intellectual activity in various spheres of public life.

A work of human thought, such as a literary work or invention, can not, unlike material things, guarantee not the use of it by outsiders only because someone already owns it.

To date, Ukraine has established a regulatory and legal framework for the protection of intellectual property rights. Legislation is based on the right of everyone to own, use and dispose of the results of his intellectual, creative activity, which, being a good material, are retained by his creators and can be used by others only with the consent of the creators, except in cases determined by law.

The registered object of intellectual property can be sold, allowed to use it under a contract with the payment of remuneration to you, to prohibit its use.

The patent attorney is a reliable qualified assistant in matters of protection of rights to intellectual property.

Professional services of the Patent Attorney:

  • Patenting of inventions and utility models.
  • Registration of trademarks (marks for goods and services).
  • Patenting of industrial designs.
  • International registration of trademarks (signs for goods and services).
  • International protection of inventions and utility models.
  • Registration of copyright.
  • Preparation and registration of license agreements.
  • Preparation of copyright contracts.
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