More and more businesses are interested in issues related to intellectual property and its protection, especially with the transition to the online space. It is important to understand how the protection of intellectual property objects is organized in Belarus and apply available protection methods. This requires an experienced intellectual property lawyer. We are ready to provide such a lawyer to protect your interests.
Which objects are covered by the intellectual property right
The objects that are protected as intellectual property (intellectual property objects) include:
1. Objects of copyright
These are works of science, literature and art — the results of creative activity. In particular, these are literary works, works of choreography and other stage works, musical works with and without text, audiovisual works, works of sculpture, painting, graphics, lithographs and other works of fine art, works of applied art and design, works of architecture, urban planning and landscape art, works of architecture, etc.
2. Objects of related rights
These are performances, phonograms, and broadcasts from broadcasting companies.
3. Objects of industrial property law
These are inventions, utility models, industrial designs, breeding achievements, integrated circuit topologies, production secrets, brand names, trademarks, geographical indications, etc.
When does intellectual property law arise
The right to intellectual property objects arises by virtue of the very fact of the creation of these objects: works of science, literature, art, phonograms, inventions, etc. It is not necessary to register copyright and related rights.
The right to some intellectual property objects arises after the provision of legal protection by the state. For example, the right to a trademark arises after its state registration.
Personal non-property and property rights
All intellectual property rights belong to their authors. Such rights are divided into personal non-property rights and property rights.
Personal non-property rights
Personal non—property rights include, in particular, the right of authorship, the right to publish a work, and the right to refuse to publish a work. Authors of works, producers of phonograms, as well as broadcasting companies have such rights.
Property rights
Property rights are the rights to use an object of intellectual property at their discretion, including sale. Authors receive income from the realization of property rights.
The owner of property rights to an intellectual property object or a means of individualization (trademark, service mark) has the exclusive right to use this object.
How intellectual property rights are transferred
The right to use the object of intellectual property may be granted by the copyright holder to other persons under the contract.
Authorship rights and other personal non-property rights do not transfer to a new copyright holder when transferring property rights to an intellectual property object.
Transfer of rights by the copyright holder — an individual
The rightholder may transfer the property right to use the intellectual property object in whole or in part to other persons under a contract or by inheritance.
Transfer of rights by the copyright holder company
The property rights to the intellectual property object that belong to the company — rightholder, during the reorganization of such a company, are transferred by way of succession.
Transfer of exclusive rights
According to the license agreement
When the copyright holder transfers the exclusive rights to an intellectual property object for a limited time to another person, a license agreement is usually concluded.
Under the contract of assignment of the exclusive right
When the copyright holder transfers the exclusive rights to an intellectual property object to another person for the entire duration of the exclusive right, an agreement on the assignment of the exclusive right is usually concluded.
As a pledge
Property rights certified by a patent or trademark certificate can be transferred as collateral.
How to protect exclusive intellectual property rights
Belarusian legislation provides for a number of ways to protect violated exclusive rights. These include compensation for losses, recovery of penalties, compensation for moral damage, recognition of rights, etc. These methods are common for the protection of exclusive intellectual property rights and other rights.
Exclusive rights can be protected, among other things:
- The seizure of objects with which exclusive rights have been violated and created as a result of the violation.
- Mandatory publication of the violation of exclusive rights with information about who owns the violated right.
How we can be useful in resolving issues related to intellectual property
Our lawyers and attorneys are experienced specialists in the field of intellectual property and speak English. We can:
- Advise you on the creation and disposal of intellectual property objects;
- Assist in drafting a license agreement, an agreement on the assignment of an exclusive right;
- Assist in choosing the optimal form of the contract for the execution of the disposal of the exclusive right;
- Advise you on the issues of inheritance of intellectual property objects and rights to them;
- Advise you on the transfer of exclusive rights belonging to the company in the event of its reorganization;
- Assist in the state registration of a trademark;
- Represent your interests in state bodies in case of disputes related to intellectual property.
Contact us
If you have any questions in the field of intellectual property, we will be happy to help you! Our many years of experience in the field of intellectual property will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
