Your text, photo, or logo was used without permission: how to protect your rights and punish the offender

The results of creative, scientific, and intellectual activity today have not only cultural or professional value but can also bring profit to their owners and be subject to legal protection. At the same time, authors of works, software developers, inventors, entrepreneurs, and brand owners often face illegal use of their developments. Ukrainian legislation provides a wide range of mechanisms for protecting intellectual property rights — from judicial protection to administrative and criminal liability of offenders.

What is intellectual property right

Intellectual property right is a person's right to the result of intellectual or creative activity or to another object of intellectual property rights.

This right consists of two main components:

• personal non-property intellectual property rights;
• property intellectual property rights.

Which objects belong to intellectual property

Legislation classifies a wide range of results of creative and scientific activity as objects of intellectual property rights, including:

• literary and artistic works;
• computer programs;
• databases;
• performances, phonograms, videograms, and broadcasting programs;
• scientific discoveries;
• inventions, utility models, and industrial designs;
• layouts of semiconductor products;
• rationalization proposals;
• plant varieties and animal breeds;
• commercial names;
• trademarks;
• geographical indications;
• trade secrets.

Who is the subject of intellectual property rights

The subjects of intellectual property rights are:

• the creator of the intellectual property object (author, performer, inventor, etc.);
• other persons who hold personal non-property or property rights to the respective object.

Personal and property intellectual property rights

Personal non-property rights include:

• the right to be recognized as the creator of the respective object;
• the right to prevent encroachments that may harm the honor or reputation of the author;
• other rights provided by law.

Property intellectual property rights include:

• the right to use the intellectual property object;
• the right to allow others to use it;
• the right to prohibit unlawful use;
• other property rights defined by legislation.

How long do intellectual property rights last

Personal non-property intellectual property rights are perpetual unless otherwise provided by law.

Property rights are valid for periods defined by the Civil Code of Ukraine, other laws, or relevant contracts.

How to protect intellectual property rights through the court

Every person has the right to apply to the court for the protection of their intellectual property rights.

The court may apply a number of protective measures, including:

• taking urgent measures to prevent rights violations and preserve evidence;
• stopping the passage of goods through the customs border if their import or export violates intellectual property rights;
• withdrawing counterfeit products from civil circulation and destroying them at the expense of the offender;
• awarding compensation instead of damages;
• obliging to publish information about the violation and the content of the court decision at the expense of the person who committed the offense.

What liability is provided for violation of intellectual property rights

Criminal liability

The Criminal Code of Ukraine provides liability for illegal reproduction and distribution of works of science, literature, and art, computer programs, databases, phonograms, videograms, and other objects of copyright and related rights if such actions caused significant material damage.

Also criminally punishable is the violation of rights to inventions, utility models, industrial designs, topographies of integrated circuits, plant varieties, and rationalization proposals if the violation caused significant material damage.

Administrative liability

The Code of Ukraine on Administrative Offenses provides liability for illegal use of intellectual property objects, misappropriation of authorship, or other intentional violations of rights to objects protected by law.

Civil liability

A separate way of protection is civil liability. The rights holder may apply to the court with a demand to stop the violation, compensate for damages, or apply other protection measures provided by law.

Intellectual property rights are inviolable

Legislation guarantees the inviolability of intellectual property rights. No one can be deprived of such a right or restricted in its exercise except in cases expressly provided by law.

That is why authors, inventors, software developers, entrepreneurs, and other rights holders have the opportunity to protect their interests both through judicial proceedings and by bringing offenders to administrative or criminal liability.

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