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Protection of copyright and intellectual property

When we talk about property, we almost always mean things. Or in legal terms, we mean some kind of movable or immovable property.
That is, speaking of property, we usually have in mind material objects that can be seen and touched.
Along with this, objects of non-material nature can also be owned.
For example, you became the author of a work of art. As an author, you can own it, use it, or dispose of it. You can sell it or give the publishing house the right to publish your work (for a corresponding fee, of course).
This product belongs to the copyright object, as varieties of intellectual property . As an object of ownership, it is inherited and can bring material benefits to your descendants.
Another example. You have invented something, some completely new mechanism. Or, they thought up how to optimize the production process, due to which the cost price will be reduced and the profitability of the final product of this production (know-how) will increase.
This also applies to intellectual property objects for which the owner realizes in mode.
But if someone can violate the right of ownership of material objects, it turns out that this right can be equally violated with respect to those listed above. Someone can also claim your ownership of a work, an invention, stating that he, and not you, is a writer or inventor.
At the same time, if a thing can be stolen or appropriated (claiming that to someone else, but it was not you who belonged initially), or, at worst, it is illegal to use it, then copyright violations or intellectual property rights are more diverse.
For example, your property can be illegally copied, replicated, distributed.
But first, a little more about this object of ownership.

What does intellectual property right involve?
Such an owner owns:

  • • Personal non-property rights (for example, the right to authorship);
  • • Property rights (the right to independent use, the right to allow or prohibit the use by others).

How is the intellectual property right confirmed?
Without quoting this popular proverb completely, we recall that you are a person only having the appropriate paper in your hands. No, ownership, of course, as a creator for you arises at the time of the creation of your object. But in order to be able to protect your rights as an owner, they must be documented. Such a document may be:

  • • Trademark certificate;
  • • Patent for invention, utility model, industrial design;
  • • License agreement, etc.

What are forms of intellectual property protection?
There are two such forms:

  • • Directly by you, as a creator, without the involvement of the competent state authorities;
  • • By contacting designated authorities (such as a court).

What are the ways to protect intellectual property rights?
So, your rights as an owner are violated. What does the law offer you in this case, and what variants of your behavior does it fix:

  • • Requirement to recognize and restore your rights;
  • • Recovery of losses, loss of profits from the violator of your rights;
  • • Recovery of moral harm from the violator of your rights;
  • • Demand for termination of actions that indicate preparation for the violation of your right;
  • • The requirement to distribute information about the violation of your rights through the media.

If you applied for the protection of your rights to the court, you need to know that he has broad rights to fully protect your violated rights.
Thus, the court is authorized in the framework of the judicial procedure:

  • • Take immediate steps to prevent the violation of your rights (for example, prohibit any actions regarding your property);
  • • To recover damages, as well as moral damage, caused by the violation of your rights;
  • • Apply a one-time monetary penalty from the violator (together with the recovery of damages);
  • • Seek profits from the violator, which he received as a result of a violation of your rights;
  • • To withdraw from circulation the goods that were produced as a result of the violation of your rights, as well as the means of production, by means of which the production of such goods took place;
  • • Prohibit the passage of goods across the border, the export (import) of which occurs as a result of a violation of your rights.

The terms of reference of the court indicate the wide possibilities for the protection of infringed intellectual property rights in court.
But we should not forget that the verdict of the court must still be executed. But at this stage additional problems are possible. Since there is already a need to defend the offender, who seems to be "laid on the shoulder blades." Often, opponents use tools that make it difficult to execute a judicial verdict.
For example, if a dispute is centered around a certain object, it can be transferred into the possession (control) of another person who is simultaneously controlled by your opponent. In this case, this operation can be performed retroactively.
Then your positive judicial verdict may become meaningless and will have to prepare for the passage of a new judicial procedure.
You shouldn’t forget that the opponent can use tools that allow him to delay both the judicial procedure and the execution of the judicial verdict. With a creative approach to this issue, such delay can be measured not in months but in years. But if there are ways to resist a fair judicial procedure, it seems to be right to use additional levers.
Your opponent’s misdeed may not only give grounds for judicial protection of your rights, but also contain signs of an administrative offense or a crime.
In this case, a complex approach to the problem is possible, in the form of simultaneous treatment:

  • • in court for the protection of their violated rights;
  • • to law enforcement agencies with a statement about bringing the opponent to administrative or criminal responsibility.

Do you have problems with your intellectual property?
You are the rightful owner, but your rights are violated, and you can not fully realize them?
You can not protect your economic interests, as the owner of the object of intellectual property?
Contact our law firm! We, our experts will accompany you at all stages of this procedure and achieve a positive result!

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