16 JUN 2016

The legislative work on Copyright issues continues in Ukraine

Early May Draft Law On Amendments to Certain Legislative Acts of Ukraine regarding acquisition, disposition and protection of copyright and related rights was submitted for consideration to the Parliament of Ukraine.

The Draft Law provides the following provisions:

  • the economic rights to work made for hire and work created by order belong to the author of such works, unless otherwise is provided by contract. Besides, there are some exceptions from this rule such as for computer programs, databases and work made for hire with a public authority or by order of a public authority. The economic rights to such subject matters of Сopyright belong to the employer or order giver, unless otherwise is specified by the contract between them;

  • the possibility of concluding licensing agreements on the basis of a public offer as to Copyright and related rights.

  • Despite some steps in improving the level of regulation of Intellectual Property in Ukraine, the Office of the United States Trade Representative left Ukraine in the list of countries that infringe Intellectual Property rights, namely the Priority Watch List. Thus, in order to implement an effective mechanism of Internet piracy preventing, improving the provisions on the liability of persons who are involved in such infringements and adaptation of Ukrainian legislation to the EU laws in this sphere, the Parliament of Ukraine registered the Draft Law On amendments to certain legislative acts of Ukraine on protection of Сopyright and related rights on the Internet, which provides the following:

  • the opportunity to cease Copyright and (or) related rights infringements by complaining about the removal or preventing access to this information that infringes copyright and (or) related rights on the Internet to the provider. The provider is obliged to block such websites during the day, and to inform the right owner of appropriate content about such action. The website may be unblock at least in 10 days. Thus, the work of any website may be officially ceased for at least 10 days;

  • to prevent the repeated copyright and (or) related rights infringements on the Internet by the provider that involves: 1) the right to create an electronic database with information as to infringements and data on infringers; and 2) the obligation to place on its website the rules preventing repeated infringements of copyright and (or) related rights. However, it is not specified who needs to develop these rules;

  • it is defined the responsibility for the websites owners who provide the opportunity for placing the information on their websites as well as for the information intermediaries who did not rectify copyright and (or) related rights infringements, if the aforesaid persons were notified due to such infringements. Thus, the administrative responsibility of such persons provides a fine in amount from 500 to 2 thousand times the individual income tax exemption;

  • the opportunity of perpetuation of evidence on the Internet by notaries. The notary may draw up a protocol with description of the information posted on the Internet and with the documents containing the information posted on the Internet attached.

    Currently, there is an active discussion as to the Draft in the media and Internet resources. It is emphasized on the further improvement of the Draft.