Answer:
Intellectual property is traditionally divided into industrial property (inventions, trademarks, utility models etc.) and copyright.
Acquiring rights to industrial property objects provides for a compulsory procedure of their state registration with the issuance of a respective title of protection, patent or certificate.
The necessity of state registration is based on the notion that when providing owners of industrial property the rights and further securing protection of such rights the state has to make sure that the object under registration meets the requirement set by special law.
In Ukraine the State Department of Intellectual Property and its expert body, The State Institute of Industrial Property, do such examination and issuance of title of protection.
A person wishing to obtain a legal protection of an industrial property object (Applicant) shall submit to the said state authorities a duly prepared application and pays a fee. The Application shall be drawn up in full conformity with existing rules approved by the Ministry of Justice of Ukraine.
A duly prepared application shall pass a state, usually two-stage, examination, which determines compliance of an object described in the application with the conditions of legal protection set in the law.
In case of positive decision of the examination the object is granted legal protection, and after paying a state fee the applicant is given a title of protection. Otherwise the application is rejected.
In the course of the application examination a dialog between the expert body and the applicant is possible, and both can express additional considerations and clarify details.
The procedure of the application evaluation provides for exact observance of dates related to the stages of the document processing. Non-observance of such dates shall lead to penalties and rejection of the application.
The title of protection shall be kept in force by timely payments.
The right to intellectual property object (state of art, literature etc.) initially appears without any special registration as a consequence of such object publication or making it public by its author. But for legal implementation of such right it is recommended to register the object by applying to Ukrainian Agency of Copyright and allied rights. Allied rights mean the rights, e.g. of music performers.
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