Unregistered industrial design: legal regime and peculiarities of legal regulation

The article is dedicated to current issues of legal protection of unregistered industrial designs. It has been established that an unregistered industrial design is a type of industrial design that has its own legal regime, containing features inherent only to an unregistered industrial design. It has been proven that an unregistered industrial design as an industrial design must meet the conditions for granting legal protection, which are established by law. It was established that bringing an unregistered industrial design to the public should take place precisely on the territory of Ukraine. It is substantiated that the disclosure that took place on the Internet cannot always be interpreted as disclosure on the territory of Ukraine. It is established that the owner of an unregistered industrial design has an exclusive right to its use. It is justified that the owner of a registered industrial design has broader rights to prohibit unauthorized use of the industrial design than the owner of an unregistered industrial design, since the owner of a registered industrial design can prohibit both the copying of his industrial design and the use of a similar product if «its appearance causes informed user has the same overall impression as the protected industrial design.» It is well-founded that the owner of an unregistered industrial design has narrowed opportunities to protect the rights to the industrial design, as he can only prohibit direct copying of the product and even then with restrictions. It has been proven that when protecting rights to an unregistered industrial design, it is necessary to prove the existence of rights to such an unregistered industrial design. It has been proven that an unregistered industrial design is an important object of industrial property, it is a type of industrial design, intellectual property rights to which arise from the moment it is brought to public notice on the territory of Ukraine and which are valid for three years (shortened term of legal protection), it does not require registration and entry into the State Register of Industrial Designs of Ukraine, the rights to it are not certified by the Certificate, its owner has narrowed rights to its use and protection of rights to it, compared to the powers of the owner of a registered industrial design. It is substantiated that the legal regulation regarding the unregistered industrial design needs to be clarified in terms of the exercise of exclusive property rights of intellectual property.