Unfortunately, it often happens that successful brands or interesting solutions are subjected to illegal use by third parties, unscrupulous competitors. On the one hand, we can say that it is a success for the company - in fact there is nothing that confirms the interest of the buyer and the value of the product, how to copy a competitor.
The right to judicial protection means that under certain conditions a person who believes his rights have been violated, may request the court decision on the application of one of the available methods of protection. The court is obliged to decide appropriate content.
Experts Prima Veritas try not to bring the case to court their customers when deciding controversial questions of use of the trademark or patent (or copyright object) in the complaint procedure. It is worth noting that the Ukrainian legislation does not provide a mandatory process of filing a claim for the use of intellectual property before submitting a claim to the court, this means that if your rights have been violated, you have the right to immediately appeal to the court for protection of their rights.
The court order of protection of rights is the most perfect for truth. Therefore, it is the main form of protection of rights to the OIP. The court also recognized void protection documents - patents, utility models, industrial designs, certificates of trademark international registration in force in Ukraine. The basis for the recognition of security documents invalidated may not be suitable for the conditions of the object of legal protection, including the fact that they were issued in violation of the rights of third parties.
Volume of rights on intellectual property object is defined by regulations, in particular the Civil Code of Ukraine and the relevant laws.
Naturally, for the protection of intellectual property rights, first of all, you must be the owner of such rights, and have documented their rights (patent, certificate, license agreement, and others.).
In any case, each case is unique and has a lot of nuances.
Refer to the Prima Veritas team of lawyers to protect their rights, we will gladly analyze your case and form a defense strategy.