Intellectual property rights to created objects

Types of IP objects

Intellectual property objects can be divided into several groups, including:

• copyright objects;
• industrial property objects;
• trademarks;
• rade secrets and know-how.

Copyright objects arise at the moment of their actual creation. This category of IP rights includes literary works, works of fine art, musical and audiovisual works, computer programs, and works of architecture.

Industrial property objects are responsible for the protection of new technical solutions and the appearance of a product, which include:

• invention – a new technical solution as a result of intellectual or creative activity;
• utility model – a technical solution for the structural design of a process or device;
• industrial design – the design of a product or part of a product, its appearance (shape, colour, texture, finish).

Trademarks, as objects of IP rights, protect designations used to distinguish goods and services (words, logos, colour combinations, shapes, sounds, etc.), ensuring their uniqueness, recognisability and protection of the owner’s rights against copying.

Trademarks also include geographical indications, as these are names or symbols that indicate the unique geographical origin of a product, the reputation and characteristics of which directly depend on the place of production, for example, ‘Poliana Kvasova’, ‘Petrykivsky painting’, ‘Hutsul sheep bryndza’.

Trade secrets and know-how as objects of IP rights are information related to production, technology, management, finance and other activities of a company. The information has commercial value due to its secrecy, the protection of which exists as long as the information remains secret.

Property and non-property rights of owners, methods of acquisition

Property and non-property rights are the two main categories of rights granted to owners (authors) of intellectual property. These rights are clearly distinguished, but exist simultaneously.

Property rights give the owner of intellectual property the opportunity to derive financial benefit from its use and to freely dispose of it, namely

• the right to use the IP object in any form and in any way
• the ability to grant the right to use the object by concluding a licence agreement;
• the right to prohibit the unlawful use of the IP object;
• the right to sell, donate or otherwise transfer property rights to the IP object;
• the right to receive payment (royalties) for any use of the object by other persons.

Non-property rights of intellectual property are closely linked to the author’s personality, are inalienable and cannot be transferred to other persons, even if the property rights are sold, they are valid indefinitely. These rights include the right to be recognised as the author of a work or invention; the right to indicate the author’s name when using their work; the right to be the first to publish a work or invention and disclose commercial secrets; and the right to the integrity of the work, which allows the author to oppose changes that harm their dignity or business reputation.

The acquisition of IP rights to objects occurs in different ways depending on the category of the object. Ukrainian legislation has two basic principles for acquiring rights: automatic acquisition for copyright and acquisition after registration for industrial property and trademarks.

Since IP rights to copyrighted objects are acquired automatically from the moment of their creation, no registration, formalities or paperwork are required. However, this does not deprive the author of the possibility of such registration and may be additional evidence in the event of a dispute, but does not create the right itself.

Rights to industrial property objects are acquired exclusively through state registration and the issuance of a protection document (patent or certificate). For trademarks, IP rights are also acquired through registration by submitting an application to the UCPO and are secured from the date of state registration and issuance of the Certificate.

IP rights to trade secrets and know-how are acquired through the establishment of confidentiality. Registration is not required, and protection remains in effect as long as the information remains confidential.

Registration of rights to IP objects

Registration of rights to IP objects is official confirmation by the state of authorship or exclusive rights to use a particular product of intellectual labour.

For industrial property objects and trademarks, registration is a mandatory condition for obtaining legal protection. Ownership rights arise only after the issuance of a protection document.

The registration process varies depending on what is being registered. However, the principle of priority is common: the person who first filed the application has the preferential right to obtain a protection document.

The stages of registration include preparing the application and its attachments, establishing the priority date, conducting a formal (verification of the correctness of documents) and qualification (verification of novelty, similarity, compliance with patentability requirements) examination, registration, and issuance of a protection document. Before submitting an application, we recommend conducting a search to verify the novelty of the IP object and the absence of similar already registered rights; this stage is especially important for trademarks.

The registration of intellectual property objects only seems to be a purely bureaucratic procedure at first glance. In fact, it is an important legal process, because a mistake at the start can cost a business its rights to a brand or technology. Legal support allows you to minimise the risks of refusal, determine the necessary scope of legal protection for IP objects, formalise relations with authors, and decide on protection strategies in the international market.

Conclusion

Therefore, effective intellectual property management is based on a clear distinction between objects and an understanding of the nature of property and non-property rights. While copyright is protected automatically, industrial property and trademarks require active action on the part of the owner. Timely and professional registration of these assets allows for a balance between the interests of authors and businesses, providing a reliable legal basis for their further use.