Glossary

Author – physical person, whose creative labor has created the work.

Author’s right (copyright) – part of civil right, legislation on intellectual property, which regulates property and non-property relations, arising in connection with creation, use and legal safety of objects of intellectual right – works of art, literature and science.

Audiovisual product – product, consisting of fixed series of stills connected with each other (accompanied or unaccompanied by sounds), designed for visual and audio (in case if accompanied by sound) perception with the help of relevant technical means; audio-visual products include cinematographic works and all products, expressed by the means similar to cinematographic ones (TV and video films and slide shows and same, irrelevant of the means of their original or subsequent fixation.

Reproduction of work – making one or more copies of the work or of its part in any material form, forms of audio or video recording included, making one or more three-dimension copies of any two-dimension work and making one or more two-dimension copies of any three-dimension work, downloading works into electronic memory is considered to be reproduction as well.

Reproduction of phonogram - making one or more copies of the phonogram or its part on any material bearer.

State secret – state-protected information in the sphere of state military, foreign policy, economic, intelligence, counterespionage and operative investigation activities, spreading of the above being able to endanger the security of Ukraine.

Recording - fixation of sounds and/or picture using technical means in any material form which enables to perform their repeated perception, reproduction or report.

Manufacturer of audio-, video works – physical or juridical person undertaking the initiative and responsibility for making such a product; physical or juridical person whose name is shown on this product in the traditional manner is recognized as the manufacturer of this audio, video product under the conditions of absence of any other manufacturer’s evidences.

Manufacturer of phonogram – physical or juridical person undertaking the initiative and responsibility for the initial recording of certain sounds; physical or juridical person whose name is shown on this phonogram and/or on its box in the traditional manner is recognized as the manufacturer of the phonogram under the conditions of absence of evidences of other.

Performing – presentation of works, phonograms, performances, plays by means of acting, reciting, singing, dancing in live performing or with the help of technical means (TV and radio broadcasting, cable TV and other technical appliances, demonstration of stills of audio- and video products in their sequence (accompanied or unaccompanied by sounds).

Novelty of invention – one of the three conditions (criteria) of patentability of the invention; the invention is recognized as the new one if it hasn’t been known from the level of technique.

Publication of work - any action performed with the author’s approval which makes the work available for common knowledge by means of its publishing , public demonstration, public performance, broadcasting or by other means.

Publishing (issuance) – utterance of the copies of work, phonogram approved by the author of the work, producer of phonogram in quantity, sufficient to satisfy the public’s reasonable needs, based on the character of the work, phonogram.

Invention – ascertainment of previously unknown objectively existing patterns, quantities, and phenomena of material world, which make fundamental changes in existing level of knowledge.

Patent – document, issued by a competent state authority and certifying recognition of the declared object an invention (industrial specimen, useful model, selection achievement) the priority of invention, authorship and exclusive right of the work.

Patent law – part of civil law, regulating property and relevant to them non-property relations, arising in connection with creation, legal safeguard and use of inventions, useful models and industrial models, establish system of legal safeguard of rights of indicated models by means of patent issue.

Demonstration of the product – demonstration of the original and copy of the work directly or on the screen with the help of the film, slide, TV – shot or other technical means, and also demonstration of single shots of audio-visual product without maintenance of succession.

Right of authorship – right to recognize the person, who created the work of art, literature, science the author of this work.

Presumption of authorship – the rule in intellectual property law, according to which in case of absence of the evidence of other, the author of the work is considered to be the person, indicated as the author on the original or a copy of the work.

Industrial application of the invention – one of the three conditions (criteria) of patentability of the invention; the invention is considered industry applicable, if it can be used in industry, agriculture, public health and other kind of business.

Industrial property – collective term, peculiar to legislations of a number of countries and international agreements; includes rights of invention, useful models, industrial models, firm-names and indication of origin or name of the place of origin of the product, as well as rights, related to the protection against an unfair competition.

Pseudonym – fictitious name of the author of work of art, science or literature.

Distribution of computer program or database – allowance of access to a computer program, reproduced in any material form, or to database, by any means, including network, as well as by means of selling, hire, including import for these purposes.

Reproducing (reprographic reproduction) – facsimile reproduction in any size and form of one or more copies of the original or copies of written and other graphical works by means of photocopying or with the help of other technical appliances apart from editing, reprographic reproduction does not include storage or reproduction of the above copies in electronic (including digital) optical or other machine-readable form.

Hire (renting) – placing a copy of work or phonogram at somebody’s temporary usage with the purpose to obtain direct or indirect commercial profit.

Office or commercial secret – information having real or potential commercial value due to its obscurity to third persons, being unavailable on legal grounds, its owner taking measures to secure its confidentiality.

To inform - to demonstrate, to perform, to broadcast or conduct another act (except for spreading copies of the work or phonogram) by means of which works, performances, phonograms, plays, programs of organizations of TV and cable broadcasting become available for acoustic and visual perception irrespective of their actual perception by the audience.

Trademark and service mark – designations capable of making distinctions between goods and services of some physical and juridical persons and goods and services of other physical and juridical persons respectively.

Brand – the name of the juridical person being a commercial organization which enables personification of certain organization (enterprise) in civil turnover.

Copy of work – work’s copy made on any material bearer.

Copy of phonogram- phonogram’s copy on any material bearer made directly or indirectly from phonogram and containing all the sounds or some of the sounds recorded in this phonogram.