The world is changing, and with it, the concept of property. Whereas previously the main objects of inheritance were land, houses, or funds in bank accounts, today more and more people own intangible assets that are no less valuable. Songwriters, software developers, inventors, bloggers, designers, trademark owners, and start-up founders all create intellectual products that can generate income for decades.
But do they think about what will happen to these rights when they are gone? Who will be able to continue receiving royalties, managing the brand, and allowing or prohibiting the use of their works? And most importantly, how can this be transferred legally so as not to leave the family in legal chaos, which, unfortunately, often arises when heirs do not know where to start?
The issue of intellectual property (hereinafter referred to as IP) inheritance is becoming increasingly relevant. On the one hand, Ukrainian legislation already contains clear rules governing the transfer of such rights. On the other hand, numerous questions still arise in notarial and judicial practice: how to prove the existence of rights if the object has not been registered; how to divide rights between several heirs; can an heir receive income if the work is still in use; does he have the right to continue registering a patent or trademark?
These questions are not just theoretical; they are of practical importance for many families where creativity or innovation has become a way of life.
Composition of inheritance: what can be inherited
In the modern legal field, the concept of intellectual property covers a wide range of objects: from literary and musical works to computer programs, databases, inventions, industrial designs, trademarks, and even domain names.
However, not all of these rights are the same in nature. The law divides them into personal non-property rights and property rights.
Personal non-property rights (e.g., the right of authorship, the right to a name, the right to the integrity of a work) belong to the author for life and cannot be inherited. Personal non-property rights are inextricably linked to the personality of the creator.- Property rights (the right to use, grant permissions, receive remuneration) can be inherited. It is property rights that constitute real economic value and can generate income for heirs.
This means that after the death of the author or inventor, his heirs receive the right to dispose of works or patents, conclude license agreements, receive royalties, extend the validity of protective documents, etc.
Legal framework
The issue of IP inheritance is regulated by a number of acts, the main ones being the Civil Code of Ukraine and the Law of Ukraine “On Copyright and Related Rights.”
The law stipulates that the inheritance includes all the rights and obligations of the testator that have not expired at the time of the opening of the inheritance. This means that if the author had a valid patent or registered trademark, they are inherited. If the term of protection has expired, there is nothing to inherit.
However, even within the framework of current legislation, there are still some nuances: for example, how to distribute shares in the case of co-ownership of rights or how to proceed if the author did not manage to complete the registration of the object. This is where notarial and judicial practice comes into play.
The role of the notary
The notary is the first instance that determines whether IP rights are included in the inheritance. The notary is obliged to verify:
- whether there is proof of ownership (patent, certificate, contract);
- whether these rights are valid on the date of the author’s death;
- whether there are any disputes regarding joint ownership or the rights of third parties.
If the object was not registered (e.g., a song or painting), the notary may accept other evidence: performance records, contracts with publishers, publications, correspondence, etc. Based on this data, a certificate of inheritance is issued, allowing the heir to apply to the IP authorities to re-register the rights.
Court practice
In practice, issues of inheritance of IP rights often end up in court. This happens when:
- several persons claim the right of author or owner;
- changes to the state register are refused;
- there is no clear evidence of authorship or ownership;
- the object was created in co-authorship.
The courts approach this from the position that only what actually existed and was in force can be inherited. If the object did not have valid protection or was not properly registered, the court may refuse to recognize inheritance rights.
At the same time, the courts recognize that even without official registration, the heir can prove ownership by other means. For example, Supreme Court decisions have repeatedly emphasized that copyright can be confirmed by evidence of the creation of the work: publication dates or testimony from colleagues.
How to avoid problems
Lawyers advise authors and inventors in advance to:
- draw up a will, separately specifying the fate of IP rights;
- register their rights in official registries;
- maintain an archive of documents confirming authorship and use;
- appoint an heir who understands the specifics of rights management.
These steps ensure that heirs can continue to use creative works without hindrance and protect such objects from infringement.
Intellectual property is not just the result of creative work or intellectual effort. It is an asset that has value, can generate income, and become part of one’s legacy. However, in order for ideas, inventions, or works to truly “outlive their author,” their legal fate must be taken care of in advance.
Proper registration of rights, entry into state registers, clear designation of heirs in a will, preservation of documents, and professional support all ensure that intellectual property does not lose its validity and remains protected by law.
If you own IP objects or plan to register rights, register a trademark, copyright, or prepare documents for inheritance, please contact our team.
We provide full legal support:
- registration of copyrights and trademarks;
- consulting on IP inheritance issues;
- preparation of contracts and title documents.
We will help ensure that your ideas, creativity, and achievements are not only protected but also have a future—within the law and with respect for your work.
