The review of the legal aspects for the declining the risks of the IT-productions intellectual property rights infringement

Abstract

Information technology is the object of fair and unfair competition both in the world and in Ukraine, especially due to the existence of the Internet. Therefore, it is necessary to regulate the relations between manufacturers and consumers of IT-technologies related to entrepreneurial activity, with the volume of digital products. This became the reason for the necessary influence on the legal regulation of consumer relations on the Internet. The article analyzes the issue of choosing legal instruments for the protection of rights to information products, depending on how they are further used for further benefit from their use and eliminating the possibility of violating the rights of unscrupulous competitors.

The purpose of the article is to study the possibilities of protecting the rights to information technology as an object of intellectual property in order to eliminate the risks of violation of rights to this object. To achieve this, you must accomplish the following tasks: to consider the prevention processes of the intellectual property rights infringements of the information products using the existing legal tools; to analyze the components of information products in order to determine the optimal ways of their legal protection; to provide analysis of the information products legal protection using only copyright tools; to study the experience of the countries – leading information technologies manufacturers and users and to assess the possibility of the using this experience within the legal framework of Ukrainian legislation.

Methods: system analysis, comparative analysis.

Results. To determine the information technologies definition as a specific technologies that make enable to accumulate, process, store and transmit any received from the external environment information to the computer. IT-technologies are inextricably linked with the use of software and hardware complexes consisting of personal computers, mobile phones, communicators or workstations with the necessary set of peripheral devices equipped with the necessary software tools. These objects may be protected by patent law. The main recommendations for the infringements risks prevention were highlighted and the patentability frames of reference were proposed using the information products components identification.

Conclusions. The article analyzes the issue of choosing legal instruments for the protection of rights to information products, depending on how they are further used for further benefit from their use and eliminating the possibility of violating the rights of unscrupulous competitors. It is recommended to consider information products as a complex object, which must have versatile protection through copyright and patent rights.

Copyright protection does not protect software developers from encroachment on their IT-technology, but it contributes to other important result – improving the image of the organization and getting a positive goodwill. Patent law is most beneficial to protect software algorithms. The commercial secrecy is appropriate the IT-technology protection when it concerns the state security, military equipment est.