In Ukraine, the following rights are granted to a holder of copyrights and related rights:

  • - the right to use a subject matter of copyrights and related rights;
  • - the right to permit to use the subject matter of copyrights and related rights; and
  • - the right to prohibit improper use of the subject matter of copyrights and related rights.

The violation of the rights to a subject matter of copyrights and related rights includes their use without their holder’s consent, for example:

  • - publication, reproduction, importing into the customs territory of Ukraine, exporting out of the customs territory of Ukraine and distribution of counterfeit specimens of works (including computer programs and databases), phonograms, videograms, an illegal promulgation of broadcasting organizations' programs, camcording, cardsharing;
  • - promulgation (publication), in full or in part, of another person's work under the name of the person who is not the author of this work;
  • - committing actions creating a threat of infringement of copyright and/or related rights;
  • - any actions to deliberately break technical means of protection of copyright and related rights, in particular production, distribution, importing with the aim of distribution and use of equipment for such breaking.

Copyrights and related rights are protected in a judicial proceeding or otherwise in accordance with law, for example, in administrative litigation or criminal litigation.

In Ukraine, courts adjudicate disputes on:

  • - authorship,
  • - identifying the copyright holder or related rights holder,
  • - the violation of copyrights and related rights, and
  • - the use of copyrights and related rights.

In Ukraine, nonresidents and stateless persons shall protect their copyrights and related rights via Ukrainian representatives on intellectual property matters (patent attorneys).

Experts and counsels of our company will help you to prepare all the requisite representative documents and documents of title and to represent the interests of foreign right holders through the pre-trial process or legal proceedings in accordance with Ukrainian law as such law shall from time to time be in effect.

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