The participants of all-Ukrainian society “Everyone is able” has addressed in court. The application was filed on the use of logo and symbols, former members of the organization. It is sad that in our country intellectual property laws, each interprets as he pleases.
So, all the same, what is intellectual property and copyright? We decided to talk with professionals who know copyright law firsthand.
- Questions of copyright and intellectual ownership is very relevant today, in connection with the desire of our country to join the European Union, etc.
So who owns the right to use a trademark or logo?
- The right to a trademark belongs to the person who first filed an application for registration of the trade mark “Ukrpatent,” notes Tamara Yegorova, head of the patent office “SKT”
How is it possible in Ukraine to solve the issue of violation of intellectual property rights?
- Almost all courts involved in protecting intellectual property or resolving disputes, and intellectual property. You have the opportunity to apply to the economic court, administrative court, if we are talking about legal entities. There you can request to stop and repair the damage done. You can also use the norms of the criminal law, which also provides for liability for violation of intellectual property rights, – says Ms. Tamara.
Meanwhile, in Europe intellectual property rights follows in the same way as ownership of the car, or is there, for example the earth… But we reason differently.
In Europe the attitude of ownership is quite another, it is rooted. Therefore, intellectual property right is revered in the same way as any other property, – says the Director of the patent office.
And what in the courts? Instead of assisting in resolving disputes about copyright and intellectual property, the situation continues to stand still. So we not what do not adhere to rules and laws about intellectual property, we generally ignore copyright.
- If the question concerns legal entities and we are talking about the commercial court, there are certain terms: two months to process on the moon may be renewed at the request of the parties, and one month can still extend at the request of the President of the court. That is 5 months. If we are talking about civil proceedings here much longer and a half, two and three years. This is certainly a problem that concerns not only intellectual property. It is absolutely all questions related to civil process, – emphasizes Tatiana Egorova
And what will tell themselves the servants of Themis about this?!
- Accounts for each judge 1481 treatment of citizens. Solutions can be high quality, but far beyond all time, – says the judge-speaker Yuri Lisenko
Well, not knowing the law is no excuse. Copyright has long ceased to be something extraordinary. It is therefore important, on the one hand, know their rights, and on the other to remember obligations, i.e. not to violate the rights of others. After all, copyright is not only a trade or an art, it is the placement of the photos and the poem, and even post.