ЗАХИСТ ПРАВ НА ПРОМИСЛОВИЙ ЗРАЗОК
Authors: Batko Іryna ,   Львівський національний університет імені Івана Франка
Published: July 2024

The article is devoted to the consideration of the issue of forms, methods and procedures for the protection of intellectual property rights to a design. The article analyzes the features of the protection of rights to industrial designs. Within this research, the author argues that the protection of intellectual property rights to a design can be initiated by: the owner of the design(person who owns the rights to the design due to the fact of its registration (registered industrial design) or due to the fact of bringing it to the general public famous); subject who acquired the exclusive property rights of intellectual property on the basis of a deed; a person who received a license for such a design with the consent of the owner of an industrial design. It is argued that the protection of intellectual property rights to a industrial design can be both jurisdictional and non-jurisdictional. Such cases can be settled out of court and within the court proceedings. The author argues that the Law of Ukraine "On the Protection of Design Rights" does not provide for the obligation of the parties to take measures for pre-trial settlement of the dispute in this category of cases. However, the pretentious dispute resolution procedure usually precedes the judicial one. It is highlighted that the novel is the introduction of such a method of protection as the recognition of industrial design rights as invalid in whole or in part. This method of protection is applicable both by the NOIP Appeals Chamber and by the court. It is substantiated that establishing the fact of compliance of an industrial design with such criteria of protectionability as novelty and individual character; establishing the fact of the identity of the disputed and contested industrial design; establishment of the fact and the date of bringing the industrial design to public knowledge require special knowledge, and therefore, when deciding such a category of cases, the court appoints an expert in the field of intellectual property to resolve these issues. It is established that the owner of an unregistered industrial design brought to public knowledge has the right to prohibit its copying and the use of the industrial design, provided that such use is a consequence of copying the unregistered industrial design. It is substantiated that the most common methods of protection used in the protection of intellectual property rights to an industrial design are: the obligation of the infringer to stop the infringing actions and to compensate for the damage caused, as well as the recognition of the rights to the disputed industrial design as invalid, in the event that the plaintiff considers, that his rights are violated due to the existence of rights to such an industrial design. It is established that the new edition of the law on the protection of rights to industrial designs formulates the method of protection as "recognition of the rights to an industrial design as invalid", and not invalidation of the patent (certificate). Keywords: intellectual property, industrial property, property rights of intellectual property, copyright, patent, certificate