Ukraine Copyright | Applied Art

Copyright protection for a work of applied art

Intellectual property law provides for the protection of the appearance of products that are the result of creative activity in the field of artistic design. In most countries, such protection is provided by granting an industrial design. But there are countries where the protection of industrial samples is not provided for. In such countries, the specified results of artistic design are protected as works that are the object of copyright. The design of utilitarian things, objects (having a practical purpose) can comprise a work. That is, the appearance of such objects can be protected by copyright, provided that they are originals and are of a creative nature.

Both of these types of protection are independent of each other and can exist simultaneously. A work and an industrial sample can be simultaneously expressed or realized in one material object or product, and are independent of each other.

An industrial design gives more opportunities to protect a specified design. However, there are a number of strict conditions, including temporary conditions, for obtaining such a patent. The patenting procedure involves significant costs and takes a lot of time. For this reason, in some cases it may make sense to limit yourself to copyright protection. And we suggest to carry out state registration of copyright for works that represent the results of creative activity in the field of artistic design or design of utilitarian objects (things, products), i.e. objects that have a practical purpose.

Paperwork

The application for registration of copyright to a work must contain:

• a statement in the Ukrainian language, drawn up according to the approved form;
• a copy of the work (published or unpublished) in printed form or in electronic form;
• if it was published earlier - a document testifying to the fact and date of publication of the work;
• a document on the payment of a fee for preparation for the registration of a copyright for a work or a copy of a document confirming the right to be exempted from paying the fee;
• a document on the payment of the state duty for the issuance of a certificate or a copy of the document confirming the right to exemption from the payment of the duty for the issuance of a certificate;
• a power of attorney issued in the name of a patent attorney (does not require notarization);
• other documents, depending on the situation.

The examination of the application takes place within 2 months.

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