Successful business in today’s world depends to a large extent on how well intellectual property protection is organised. Ownership of physical things is mostly unquestionable – it is immediately clear who the owner is. But proving that a product of intellectual or creative activity belongs to you is not an easy task. It is also difficult when you want to make a profit from intellectual property. This is because in the age of advanced digital technology and the Internet, in most cases, anyone can use it illegally. In this case, the identity of the offender is often impossible to determine, which complicates the possibility of punishment of the perpetrator.

 

At Lawrange we know how to effectively fight for copyright. With our help it is possible to secure the property, non-property rights to any object of intellectual property (IP). This will prevent the risk of illegal use and any other unlawful encroachment on the products of mental, creative activity in the future. Also, with our help you will avoid the need to defend your rights in court. Effective assistance from the professionals at Lawrange is also available when the matter is already at the court stage.

 

About intellectual property

Intellectual property is understood to be a special field of rights that offers opportunities for enormous super-profits over a short period of time. It usually requires a minimum of effort and investment. This fact is the main reason for the emergence of all sorts of offences in relation to the products of intellectual and creative activity.

 

The intellectual property right, in accordance with the Ukrainian legislation, is both proprietary and non-proprietary. At the same time, it applies to objects of the following categories:

 

  • Copyright and related rights – these include the production of software, mobile applications, as well as dance, music, poetry, prose, art and film.
  • Scientific and technological products – if you have invented something, developed an integrated circuit, or grown a unique plant for example, then you also own IP.
  • Commerce – IP law applies to trade marks, commercial names and titles. The main cause of infringement in this area is unfair competition, which arises out of a desire to get rich at someone else’s expense and capture a share of the market.

 

There is a legal and regulatory framework in place for the regulation of IP relations in regard to the listed objects. A significant number of issues are dealt with by the Civil Code of Ukraine. However, the cooperation of people, corporations and organisations with each other is going through all sorts of stages of evolution, requiring regular fine-tuning of a large part of the regulations. Moreover, the world is gradually moving towards a radical modification of the public bodies that control this area.

 

More about categories of copyright

Applies to all material objects that are IP. It arises as soon as an object is created, remains valid as long as the author is alive and 70 years after he dies. The point of this category of law is to organise the protection of the IP product against unauthorised use, copying, translation, etc.

 

The main difficulty in copyright cases is proving that the object was created by a particular person or company at a particular point in time. It is most correct for authors to register the copyright immediately. Its proof is a Certificate which is legally binding. For those who use the intellectual property of others, it is advisable to conclude a contract with the rights holders in order to avoid problems in the future.

 

How patent law differs from copyright law

A patent is intended to protect against the unlawful use of solutions, ideas of a scientific or technical nature. Unlike copyright, patent law only arises once a patent has been registered and obtained. The main advantage is that the owner of the right can be identified more quickly and easily.

 

Features of the category of commercial designation

This category is designed to protect the identifiable nature of goods and services. Trademark rights arise after registration, and are valid in the territory of the country where they are registered and for as long as taxes are paid. Information about trademark owners is recorded in a special register, so it is easy to find the right holder if necessary.

 

What is know-how

It otherwise sounds like a commercial secret. This category of law aims to protect commercial secrets. The emergence of a commercial secret takes place at the moment an object or idea is created. The period of know-how’s existence is limited to the moment at which the special protection regime is breached. In order to legally use such an object, a contract must be concluded with the right holder.

 

Legal support in intellectual disputes

The participants in such disputes are individuals who believe that their legitimate intellectual property rights have been infringed, as well as defendants against whom claims of infringement have been made. This area of legal relations is characterised by an in-depth knowledge of the regulatory framework and jurisprudence. For this reason, only a qualified intellectual property lawyer is able to provide full-fledged legal support. Lawrange specialists are thoroughly versed in substantive, procedural regulations and are therefore ready to support you in any disputed situation.

 

Most often, intellectual property lawyers deal with disputes that concern:

 

  • patent rights;
  • copyright and related rights;
  • commercial secrets;
  • breeding achievements;
  • right to use appellation of origin;
  • rights to inventions;
  • rights to trade name.

 

Our specialists will assist at any stage of intellectual property disputes.

 

According to amendments to the Civil and Arbitration Procedure Code, pre-trial proceedings are mandatory for business entities. In other words, entrepreneurs can only sue after their claim has been rejected or no response has been received. For private individuals, there is no mandatory procedure for resolving intellectual property disputes, but regardless of who decides to assert their rights, it is important to take all necessary steps in a timely manner. This includes, for example, properly organised correspondence.

 

Important! If your intellectual property is affected, legal services are tailored to the category of law. This is what will then determine the effectiveness of each action taken.

 

When to approach an intellectual property lawyer

Specialist assistance may be needed when it is planned to create an IP object and then assign its rights to it. The need for legal support also arises in the case of the use and transfer of ownership of a product of intellectual or creative activity to third parties.

 

An intellectual property lawyer will be useful during:

 

  • Trademark registration – a specialist will assist in successfully completing all stages of registration and, if necessary, will challenge the refusal.
  • Illegal use of a trademark – the infringement will be neutralised if the trademark is used without the rightholder’s permission.
  • Conclusion of contract of copyright – our specialist knows all the pitfalls and subtleties of these operations, so he will help to avoid mistakes and enter into an agreement in the interests of the author.
  • Conclusion of a licensing agreement – our lawyers will preliminary carry out all necessary contractual work.
  • Creation of an intellectual asset – a detailed road map will be worked out for comprehensive protection of the client’s rights.
  • Purchase of rights to a product of intellectual activity – we will find out whether the owner has the right to dispose of this asset. In addition we will conduct an audit to eliminate the risk of third party claims.
  • Copyright infringement – we will provide legal protection of intellectual property in the framework of court proceedings.
  • Resolution of domain, patent disputes – we will protect the interests of domain and patent owners.

 

Lawrange is worth approaching for anyone wishing to protect rights to phonograms, performances, bases as well as inventions and usieful models. In addition, we are ready to protect business reputation, which can be classified as one of the main intangible assets of any company.

 

Choice of forms of IP right protection

Ukrainian legislation stipulates two forms of settlement of copyright disputes:

 

  • Jurisdictional, i.e. that which is realised through the involvement of the state apparatus – police, all kinds of courts, tax authorities. This form of protection is considered to be the most effective and, at the same time, rather expensive (taking into account the peculiarities of modern legal proceedings).
  • Non-jurisdictional – based on the actions of citizens and organizations, patent attorneys. This does not involve recourse to public authorities. An example of this form of IPR protection would be notification to the infringer with an offer to settle the dispute by negotiation or a statement of the amount of damages if the infringement continues.

 

The latter option is the most popular, as it is considered to be more cost-effective from an economic point of view (requires virtually no financial investment). However, it can also be much more expensive than the jurisdictional form of resolving intellectual property disputes due to the lack of a proper legal approach to the problem.

 

Consultation of an IP lawyer

Our team is ready to provide qualified defence of copyright and other related rights. One of the most important steps in this journey is consultation on the matter in question. If you find yourself in a difficult situation but do not know what the right course of action is, we recommend that you book an appointment with us for a consultation, following which a narrowly specialised lawyer will:

 

  • Carefully examine the available case documentation.
  • Objectively assess the situation and possible risks.
  • Analyse the current jurisprudence on your case.
  • Propose a detailed plan of action within the framework of which you can act in the future.
  • Evaluate the costs involved in achieving the desired outcome.
  • Suggest alternative ways of solving the problem.

 

If you are interested in effective intellectual property protection, an AA Lawrange lawyer will take all necessary steps to resolve the conflict at the pre-trial stage. If you go to court, he will prepare a full set of procedural documents.

 

How we work to resolve intellectual disputes

The protection is tailored to the type of object, which can be public or private. Once the defence positions have been agreed, the contract has been signed and the advance payment has been made, we begin work on your matter. The general algorithm of the actions to be taken is usually as follows:

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  • Getting to know the problem and choosing the best strategy.
  • Planning and implementation of measures that will help to resolve the problem without court proceedings – sending letters warning of the consequences of the violation, claim letters, conducting negotiations.
  • Representation of client’s interests at state authorities (Ministry of Internal Affairs, Antimonopoly Committee, State Intellectual Property Service of Ukraine, Chamber of Appeals, etc.).
  • Collecting evidence of IP infringement.
  • Drafting legal documents – lawsuits, cassation appeals, etc.
  • Representation of the aggrieved party in court proceedings as well as control of execution of the court decision and, if necessary, appeal against the court decision.

 

Once a positive result has been achieved, the client pays in full for the services provided at a pre-approved price.

 

Important! A responsible, highly qualified intellectual property lawyer will never take on a knowingly losing case. This will save the client from unnecessary waste of time and finances and will not tarnish his reputation.

 

Services provided by our intellectual property lawyers

You can order from AA Lawrange:

 

  • Registration of copyright.
  • Defence of copyright in legal proceedings.
  • IP valuation.
  • Pre-trial dispute resolution.
  • Protection of copyright on the Internet.
  • Patenting inventions.
  • Registration of trademarks, industrial designs.
  • Drawing up an agreement on IP.
  • Protection from unscrupulous competitors.
  • Representation of client’s interests in the Executive Service, if there is a need to execute the decision of the court by force.

 

The composition of the services is determined by you personally after consultation with a lawyer. We do not impose unnecessary services for profit.

 

What would it give you to approach an intellectual property litigation lawyer?

On the face of it, the relationship between the person inventing something and the other person, the company buying that right from him, is perfectly straightforward. But in practice, as is often the case, things do not go so smoothly. Every day scientists, entrepreneurs, breeders and others create something and patent it. On the other hand, there are many who take it and use it without permission, violating contracts, remaining confident of their impunity. Against this backdrop, seeking the advice of an intellectual property lawyer would be the right and useful thing to do, because you`ll be able to:

 

  • Protect yourself against the unlawful use of your own intellectual, creative product.
  • Avoid mistakes that could later lead to intellectual disputes.
  • Get a better chance of a favourable outcome in a court case.
  • Save time, money and nerves – no matter how hackneyed this phrase might sound, but it really reflects one of the main advantages of working with professionals in the field of intellectual property.
  • Get a realistic idea of the prospects of pre-trial or judicial resolution of your issue.

 

Intellectual property protection by Lawrange professionals will ensure that copyright infringement is stopped, compensation is recovered from the infringer, maximum profits are made from the sale of intellectual property, etc.

 

Why approach Lawrange in particular

By contacting our company, you can get legal assistance under the most comfortable conditions:

 

  • Transparency – information about the cost of services is provided before the contract is signed, which details all the services included. In other words, you clearly understand what you are paying for.
  • Remoteness – you can work with us from anywhere in the world – the main thing is to ensure that you can always stay in touch. In this case we will fulfil all our obligations under the contract.
  • Ease of payment – you can pay for our services in any convenient way.
  • Efficiency – cooperation is conducted directly with a lawyer, which greatly speeds up the process.

 

In addition, we keep you regularly informed of the progress of the procedure and any changes to your issue. As a result, you will not have to spend time and effort participating in the process, while we guarantee a prompt response and respect for secrecy.

 

Conclusions

The field of intellectual property requires a serious approach and specific knowledge. One wrong step or failure to act can lead to serious legal problems or loss of income and other problems. Protection of intellectual property is designed to eliminate the risk of its misuse. It can be done in a jurisdictional way, i.e. through public authorities, or in a non-jurisdictional way, i.e. in-house. The first option is less popular as it is considered costly. However, it is important to know that solving IP problems independently can be much more expensive due to ignorance of all the laws and nuances of legal practice.

 

Protracted litigation and the loss of much of your personal finances can be avoided with the help of an experienced lawyer. Intellectual property rights are much easier to defend when you contact the qualified professionals of Lawrange. With our help you can successfully solve the problematic issue at the pre-trial stage and in the case of participation in the trial you have a better chance of a positive outcome. We are always open to dialogue, stay in touch and keep our clients informed of all developments in the case.

 

FAQ

What if the trademark is not unique?

In such a situation, there is a risk of refusal of registration. This can be avoided by asking the owner of a similar trademark to issue a letter of consent or by carrying out a cancellation procedure for the opposing trademarks. If the mark is not in use, it is advisable to refine it with distinctive signs before filing.

 

What are the rates and terms of cooperation with AA Lawrange in protecting intellectual property?

We work on the basis of a public offer agreement. The price of the services we provide is fixed. For more information please contact us at your convenience.

 

What should I do if my intellectual property rights are infringed?

We recommend that you take legal action to enforce your rights. Especially if prior attempts to negotiate compensation with the offender have been unsuccessful. It is important to prepare proof of your right to the property for the court.

 

 

 

 

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