Protection of intellectual property

Legislation of highly developed countries provides a mechanism of intellectual property objects protection. According to the regulations of the World Intellectual Property Organization (WIPO) and provisions of Ukrainian legislation, Intellectual Property is the results of human/company intellectual creativity in any sphere of social life. Thus, this branch covers the rights of the subject referred to the object (result) of his intellectual activity, which is lent with material form. The peculiarity of intellectual property is that it grants the owner with the rights of two groups:

Personal immaterial rights:
the right to be an author and the right
to non-disclosure of authorship		 Exclusive property rights 
of intellectual property to:
  • are inseparable from the author;
  • can neither be transferred nor given in usufruct;
  • use of intellectual property object;
  • grant the permission for intellectual property use;
  • prevent misuse of intellectual property use, as well as to prohibit such usage (this is a right of protection).

The field of intellectual property aimed primarily at protection of the economic potential of the business. Exclusive property rights of intellectual property have an economic basis and, therefore, require mandatory protection.

Such stages as development, design, production and sale of medical, pharmaceutical and other healthcare products contain almost all of the existing intellectual property objects, including:

  1. Objects of copyright:
    • reports on the conduct of research and development works aimed at searching for new chemicals;
    • reports on preclinical and clinical studies of medicines and medical devices;
    • regulatory documentation (methods of analysis), drafts of instructions for medical use, etc.
  1. Inventions:
    • new chemical substance (compound or group of new chemical compounds, combined in a general structural formula) which has a specific biological properties and is an active principle of the pharmaceutical medicine;
    • pharmaceutical composition (or the composition of a drug);
    • a way of obtaining a new biologically active chemical substance (compound or group of new chemical compounds) which are the basis of a drug or a method of obtaining of such pharmaceutical composition (formula);
    • a method of treatment (or diagnosis) using a new chemical compounds or compositions based on;
    • application of already known substances in respect of which a pharmacological activity was identified or well-known medicines for new medical usage;
    • new, hitherto unknown technical solution in the field of pharmacy or medical devices and equipment; mainly, the results of designing a new medical products or an invention of hitherto unknown compositions of drugs;
  1. Utility model
    • equipment for the production of ultimate medical products;
    • parts or combination of solutions which are considered as a new method of usage of existing products or slightly updated method in comparison with existing on the market methods;
  1. Industrial design
    • external view of a drug (form of tablets, packaging, etc.);
    • denominations commerciales: trade name of a manufacturer, its logo;
  1. Trade mark of a drug or medical device.

Protection of intellectual property objects bears importance and significance because:

  1. provides a competitive preference;
  2. lowers index of risks;
  3. allows to earn additional income, whereas protected objects can be provided for use by licensing, franchising or to be sold;
  4. protective document obtaining allows the holder to make intellectual property object as a part of the charter capital of a company, or make registered as an intangible asset of a company. In such a way You can maintain an appropriate level of financial record and accounting, as well as preserve and increase a value of a company’s reputation and, therefore, corporate’s Goodwill;
  5. an availability of protection documents contributes to the creation and maintenance of prestige upon informing on the legal protection of products produced.
  6. an additional incentive for registration may be further multiplication by the company of work results, in such a way to produce tried and tested industrial and regulatory basis for ethical practice of use and application of a product.

 

Specialists of Cratia perform a preliminary research analysis of a protection status of rights on objects (results) of your activity. The result of preliminary research is the provision of step-by-step recommendations, a comprehensive report highlighting the existing violations, threats of infringement of your rights or contradictions in relation to other objects. We perform a preliminary research for identity, novelty and conduct registration process of trademarks, patent rights for invention, utility model or industrial design. We will help you in choosing the most suitable and appropriate way to protect innovations taking into consideration the identity of each individual case. For this purpose we have necessary experience and our own practice.

 

We offer preliminary advice free of charge. Please contact us by phone +38 (068) 064-78-31, +38 (044) 223-61-67 or email us at info@cratia.ua, or visit our office.