The method is characterized by the presence of actions or a set of actions, the order of their execution in time.
The method is characterized by the presence of actions or a set of actions, the order of their execution in time.
Therefore, the invention can only be a specific product or method. Proposals formulated in the form of a general statement of the problem or in the form of an idea cannot be qualified as an invention. In particular, discoveries, scientific theories, mathematical methods, methods of organization and management of the economy, plans, symbols, schedules, rules, programs for computers, topologies of integrated circuits, plant varieties and animal breeds, etc. are not recognized as inventions.
To determine the patentability of the invention in Ukraine, the following criteria are used:
novelty of the invention. The invention is considered new if it is not part of the prior art, ie when among the information that has become publicly available in the world before the date of application for the invention, not found a tool with features identical to all the features of the claims; the presence of an inventive step. The invention has an inventive step, if for a person skilled in the art it does not follow by itself from the prior art, ie when no solutions have been found that have features that coincide with the main features of the present invention; industrial applicability of the invention. The invention is considered industrially applicable if it can be used (repeatedly reproduced) in industry or in another field of activity. The direct utilitarian utility of the invention is not a prerequisite (the invention does not necessarily have to be used).
A utility model is the result of a person’s creative activity, the object of which can be a constructive solution of the device or its components.
Utility models differ from other objects of industrial property in that their subject is only a constructive solution of the device (spatial composition, relative position of the elements of the device, its shape). This means that substances, strains of microorganisms, cell cultures of plants and animals, as well as methods can not be considered useful models. According to the laws of Ukraine, a utility model meets the conditions of patentability if it is new (not part of the prior art) and industrially applicable (ie suitable for reproduction by industrial means).
An industrial model is the result of a person’s creative activity in the field of artistic design. The object of such activity may be the shape, pattern, colors or a combination thereof, which determine the appearance of the industrial product and are designed to meet aesthetic and ergonomic needs. The industrial design can be three-dimensional (model), flat (drawing) or combined.
In essence, the industrial design is a new artistic and constructive solution of the product, which achieves the unity of technical and aesthetic properties. Not subject to protection as industrial designs: architectural objects, industrial hydraulic and other stationary structures; printed materials as such; objects of unstable shape of liquid, gaseous, bulk and similar substances.
Artistic and constructive solution of the product is recognized as an industrial design and is provided with legal protection in terms of its novelty and industrial applicability. An industrial design is new if the set of its essential features that determine the aesthetic and (or) ergonomic features of the product has not become publicly available in the world by the day of fixing its priority. Industrial applicability means that the industrial design can be reproduced repeatedly through the manufacture of a suitable product.
Trademarks and service marks (in Ukrainian law – marks for goods and services) are the original designations by which the goods and services of some persons are distinguished from homogeneous goods and services of others. The main task of the trademark is to identify the product and its manufacturer in the market. The trademark performs two functions simultaneously: advertising the product and guaranteeing its quality.
The use of such signs allows the consumer to quickly find and identify the product he needs. Therefore, the trademark is placed on the product itself or its packaging. The trademark is also used in advertising, printed publications, on official letterheads of enterprises, etc.
The trademark is an instruction for the consumer, so the owner of the trademark is responsible for the quality of their products both in the sales process and at the stage of consumption.
The elements of the mark for goods and services can be:
verbal (words, combinations of letters, lexical image); pictorial (images of living beings, various objects, figures of any shape, colored spots, etc.); three-dimensional (three-dimensional objects, shapes and combinations of lines and shapes); using other symbols or combinations thereof, made in any color or combination of colors.
The main requirements for marks for goods and services are:
their novelty (the novelty of a trademark is considered in relation to the scope of its use, ie the list of goods it protects, and the time of its validity, ie the term pro lab report writing service of validity of the trademark); originality (trademark must be significantly different from already registered and known designations); security, ie the possibility of their official registration.
Signs that do not violate public interests, principles of humanity and morality and are not subject to restrictions on the provision of legal protection are subject to legal protection. There is a rather wide list of designations in Ukrainian legislation that are not subject to registration as marks for goods and services. In particular, these include designations that:
depict state emblems, flags and emblems, official names of states, abbreviated or full names of international intergovernmental organizations, official control, guarantee and test marks, seals, awards and other distinctions; do not have the ability to distinguish (incapable of generating in the consumer associative images sufficient to identify the product and its manufacturer), which are commonly used, which are deceptive or which may mislead about the product (service) or the person who produces ( provides); are identical or similar in such a way that they can be confused with previously registered marks, trade names, appellations of origin of goods belonging to other persons; reproduce industrial designs, names of works of science, literature and art known in Ukraine or quotations and characters from them without the consent of the copyright holders, surnames, names, portraits, facsimiles of persons known in Ukraine without their consent.
Indication of the origin of goods as an object of industrial property can be of two types: simple and qualified.
A simple indication of the origin of goods is any verbal or pictorial (graphic) indication that directly or indirectly indicates the geographical location of the goods. In this case, a geographical place is understood as any geographical object with officially defined borders: country, region as part of the country, settlement, locality, etc.
The concept of "qualified indication of origin" covers (combines) the following terms:
the name of the place of origin of the goods; geographical indication of origin of goods.
The name of the place of origin of goods is the name of a geographical place, which is used as a designation in the name of goods originating from the specified geographical place and having special properties, exclusively or mainly due to natural conditions or a combination of these natural conditions. geographical location by human factor.
A geographical indication of the origin of goods is the name of a geographical place used as an indication in the name of a product originating in that geographical place and having certain qualities, reputations or other characteristics, mainly due to natural conditions or human factors or a combination of such. …
A simple indication of the origin of the goods gives only a general idea of the true place of origin of the goods. Qualified indication of origin of goods distinguishes from a large number of goods those that have special properties, special qualities due to the geographical specifics of its place of production, ie it indicates the direct dependence of the properties of the goods from the place of origin.
The purpose of registration of the indication of origin of the goods is protection of such name, prevention of its use for other goods. Therefore, the main features of indicating the origin of goods along with the name of a particular area are:
geographical environment, which covers specific natural conditions and (or) human factors; the presence in the product of special properties that distinguish it from other homogeneous goods; obligatory objective dependence of special properties of the goods on the geographical environment.
An indication of the origin of goods is not recognized as a designation which, although it contains the name of a geographical object, is commonly used in relation to goods of a certain type and which is not related to the place of its manufacture. It is forbidden to use the indication of origin of goods in translation or in combination with the words "genus", type "imitation" as this may mislead consumers about the place of origin and special properties of the goods.
A natural or legal person who has registered an indication of the origin of goods receives the right to use it for advertising purposes through placement on the relevant product, its packaging, prospectuses and other accompanying documentation.
A brand name is a permanent designation of an enterprise (firm, company, etc.) or an individual on whose behalf production or other activities are carried out.
The brand name is used to identify companies and distinguish them from others. Unlike marks for goods and services, which allow the identification of specific goods and services of the enterprise, the brand name indicates the enterprise as such, without any reference to the goods and services it supplies to the market, and characterizes the reputation and position of the enterprise in in general.
Unfair competition is any action in competition that is contrary to the rules, trade and other fair practices in business. Unfair competition is considered to be actions related to:
with illegal use of business reputation of the business entity (use of someone else’s symbols, advertising materials, packaging; goods of another manufacturer; copying the appearance of the product; comparative advertising); creating obstacles for business entities in the process of competition and using illegal advantages in competition (discrediting the entity; purchase and sale of goods, performance of works, provision of services with a forced range; persuading to boycott the business entity; persuading the supplier to discriminate against the buyer; persuasion to terminate the contract with a competitor; bribery of an employee of the supplier or buyer); with the illegal collection, disclosure and use of trade secrets, including persuasion to disclose trade secrets.
Objects protected by copyright include both published and unpublished works in the field of science, literature and art, regardless of their purpose, genre, dignity, scope, purpose (education, information, propaganda, entertainment, etc.), which exist. in the following objective forms: