Illegal actions of competitors related to technical developments can violate the commercial interests of the company or undermine its authority. Counterfeit products made with poor equipment are often of poor quality. A few bad online reviews of counterfeiting and sales of the original product plummet and the manufacturer loses its reputation.
To prevent this from happening, it is worth taking advantage of patent protection. This can only be done by the patent holder on his own initiative and within the framework of the methods provided by law. He has the right to turn to the offender or government agencies in order to suppress illegal actions. May require a ban on the use of an invention or utility model; destruction of equipment or products, compensation for damages.
In Ukraine, a set of measures has been developed that will help to protect the patent. In Ukraine has been court practices already, court decisions can be used as precedents. And there are lawyers who can handle technical property matters.
SION’s specialists have experience in such work. We try to negotiate with violators, go to court and other government agencies to protect the interests of the client. Our lawyers will help to protect the patent holder in case of violation, to obtain compensation for the damage caused.
Patent rights protection
One of the main rights of the patent holder regarding his property is its protection. The supporting document is a patent. And what is protected by him is prescribed by his formula. In Ukraine, a document is issued for 20 or 10 years (respectively, for inventions and utility models), it protects scientific and technical developments.
There are several mechanisms for protecting patent rights in Ukraine and other countries. There are such possibilities:
- Pre-trial. An attempt to solve the difficulties without contacting government agencies – Mediation (demand to stop the violation, conclude a license agreement). The preferred method, for its use you must have a good evidence base.
- Administrative. This can be an appeal to the Patent Office (questions on registration of patents and their termination), the Antimonopoly Committee (AMCU), the customs service.
- Judicial. Helps to resolve a wide range of issues in the legal field.
Our IP attorney use these methods on a case-by-case and task-specific basis. They will act as mediators in attempts to negotiate with violators, prepare appeals to the antitrust authority, customs authorities or the court, and help collect evidence. There is practice for each of their mechanisms.
Judicial protection of patents
It is carried out by courts of general jurisdiction, commercials and arbitration. Most patent disputes are handled by comercial courts. The Supreme Court of Intellectual Property (IP-Court) has been created in Ukraine, but has not started its work. It is assumed that qualified specialists in patent issues, TM and copyright will work there.
Judicial protection helps to achieve the following goals:
- to suppress the actions of the offender;
- invalidate the patent, drug registration certificate;
- recover damages, recover compensation;
- seize counterfeit products or equipment;
- oblige the offender to recognize the legal right for the copyright holder.
In Ukraine, about 200 cases on intellectual property (IP) are considered annually and judicial practice has been developed. SION’s lawyers have a lot of cases on IP-property issues. The work of specialists for the judicial resolution of the issue involves the following stages:
- Preliminary. We study documents, do a legal analysis of the situation, and prepare a report for the client.
- Preparatory. We conclude an agreement, finalize documents, and prepare an evidence base.
- Basic. Judicial consideration of the case. We promptly respond to the evidence of the defendant.
- Final. We control the court decision (compensation for harm, loss) or challenge it.
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Patent protection of copyright developments
This is an effective method of introducing technical and scientific innovations into everyday life, which is guaranteed by the state. After filing an application with Ukrpatent, the object begins to be protected from the point of view of legislation. And after receiving the title of protection, you can sell the development or offer it under a license. Patent protection increases the cost of a technical or scientific innovation compared to unprotected items.
In Ukraine, there is a law on the protection of rights to inventions and utility models (dated 15.12.1993 No. 3687-XII). In addition, protective measures are provided by the Civil Code of Ukraine (CCU) and the Criminal Code of Ukraine, the Paris Convention, and the Treaty on International Patent Cooperation (PCT). It is possible to protect industrial property only if the patent and all its parts (description, claims) are correctly drawn up.
Infringement of a patent for an invention
If the violation is proven, the offender can be brought to administrative or criminal liability. The punishment depends on the amount of damage. Criminal, according to Art. 177 of the Criminal Code for illegal use of an invention (utility model) provides for the following penalties:
- the first violation is a fine of 200-1000 tax-free minimums, or 2 years of correctional labor (or imprisonment);
- repeated, or entailing significant losses – a fine of 1000-2000 minimums, or 2 years of correctional labor, or 2-5 years of imprisonment.
Protection of patent rights is an excellent way to compete, which is developing in the vastness of Ukraine. SION’s lawyers and attorneys will help to protect the interests of the owner of scientific and technical developments. They specialize in patents in various fields of activity (pharmaceuticals, technology, energy, etc.), have extensive experience in applying to courts and administrative authorities. The advantages of SION:
- choose protective methods taking into account the specifics of the case.
- always provide clients with information about the prospects of a particular method.
- attract multidisciplinary specialists, including experts in a specific field.
- attach the expert opinion to the evidence.
- help to calculate the amount of compensation, there are methods for this.
For detailed information and to calculate the cost of cooperation, please mail us: firstname.lastname@example.org.
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