Other intellectual property object


Registration of plant varieties

According to the current legislation of Ukraine the term "plant variety" is defined as a group of plants (clone, line, hybrid of first-generation, population), which can be determined by the degree of display characteristics that are the result of this genotype or combination of genotypes and may be different from any other group of plants degree of manifestation of at least one of these characteristics and can be considered as a whole in terms of its suitability for reproduction in whole intact plant varieties. Variety can be included in the State Register of plant varieties that are suitable for distribution in Ukraine, if it is protectable, suitable for dissemination in Ukraine in accordance with the requirements of the Law and it is named. Therefore, qualified approach to the registration of plant varieties is very important. State Registration certifies the personal non-property rights on plant variety, the intellectual property rights on plant variety and the intellectual property rights to distribute the plant variety. Patent rights shall apply from the state registration and end on the last day of the 35th year for varieties of trees, shrubs and vines; and the 30th year for all other varieties of plants. In accordance with the Law of Ukraine on Protection of Rights on Plant Varieties in order to maintain the intellectual property rights on plant variety or the intellectual property rights to distribute the plant variety, it is necessary to pay the annual state fee.

Registration of animal breeds in Ukraine

According to the current legislation of Ukraine the breeding achievements in the field of animal husbandry are recognized a group of breeding animals (fallow, breed type, line, family, etc.) created as a result of purposeful creative activity, which has a new high genetic characteristics and steadily transmits them to posterity. The objects of legal protection in the field of animal husbandry are tribes and animals, that is, purebred or obtained according to the approved breed improvement program of the animal, which are of breeding value and can be used in the breeding process. The intellectual property rights to the breed of animals are: personal non-property intellectual property rights to the breed of animals certified by state registration; proprietary rights of intellectual property for the breed of animals certified by the patent; property right of intellectual property for distribution of breed of animals, certified by state registration. Intellectual property rights to the breed of animals shall be valid from the date following the date of their state registration for thirty years, counted from January 1 of the year following the year of their state registration. At the present time the animal breeds are not registered due to the lack of legal framework.

Registration of topography of integrated circuit (IC)

IC is a microelectronic product of finite or intermediate shape designed to perform the functions of an electronic circuit, the elements and connections of which are indivisibly formed in volume and (or) on the surface of the material that forms the basis of such a product regardless of the method of its manufacture. Topography (layout) of IC - fixed on the material carrier spatial-geometric placement of the set of elements of the integrated chip and connections between them. Topography (layout) of the IC corresponds to the conditions of protection, if it is original, and it is recognized original, if it is not created by direct reproduction (copying) of other topography (layout) of the IC, which is different from other topographies (layout) of the IC and give it new properties, and was not known in the field of microelectronics until the filing date or date of its first use. The topography (layout) of the IC, whose application for registration is submitted later than two years after the date of its first use, cannot be also recognized as original. The exclusive right to use topography of IC is certified by a certificate attesting to the registration of the topography of IC. The certificate is valid for ten years from filing date or from the date of first use of the topography of IC.

Registration of indication of origin of goods

According to the current legislation of Ukraine, the indication of origin of goods is denoted by the terms "simple indication of origin of goods" - any word or device designation that directly or indirectly indicates the geographical origin of goods (simple indication of origin of goods is not subject to registration) and "qualified indication of origin" in turn is denoted by the term "place of origin of goods" is the name of the geographical place used as a designation in the name of the goods originating from the specified of a geographical location and having special features solely or principally due to the natural conditions inherent in that geographical location, or the combination of these natural conditions with a human specific geographical location; and "geographical indication of origin of goods" means the name of a geographical place used as a designation in the name of a product originating from that geographical place and having certain qualities, reputation or other characteristics, mainly due to the natural conditions or human factors characteristic of that geographical place, or a combination of these natural conditions and the human factor. The legal protection of the qualified indication of the origin of goods is granted on the basis of their registration, which is valid indefinitely from the date of registration. The registration of the right to use already registered qualified indication of the origin of the goods is certified by a certificate, which is valid for 10 years from filing date. The term of validity of the certificate shall be extended for 10 years on the basis of the statement submitted by the certificate holder during the last year of validity of the certificate, provided that the specially authorized body is confirmed that the certificate holder produces the goods in the geographical place specified in the Register, and the characteristics of the goods correspond to the characteristics entered in the Register. The rights arising from the registration of the qualified indication of the origin of the goods and / or the right to use them shall be valid from the date of their registration.

Registration of trade names

The trade (commercial) name usually means a name that allows you to distinguish a specific person from all other persons and does not mislead consumers of its true activity. If you are the owner of a legal entity, you automatically become the owner of the rights to the trade (commercial) name from the first use of such name. Special registration of the rights for such object is not required. However, the trade (commercial) name can be further protected by registering it as a trademark. At the same time, there may be a conflict between the trade (commercial) name and the trademark.