Patent and Trademark Attorneys
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April 11, 2017
Amendments to the Law of Ukraine “On Copyright and Related Rights”
On March 23, 2017 the Law of Ukraine “On State Support of Cinematography in Ukraine” which also introduces amendments to the Law of Ukraine “On Copyright and Related Rights” was adopted by the Verkhovna Rada of Ukraine. In particular, the relevant provisions establish the procedure of the cessation of the copyright and related rights infringement in Internet on the basis of the notice of violation.
According to the stipulated procedure the copyright owner has the right to send a notice with the demand of the infringement cessation to the owner of website or web page. The mentioned action may be conducted only through the intermediary of the lawyer accredited with the bar and upon the identification of the claimant and confirmation of his rights, in relation to which the infringement cessation is demanded. In case the well-grounded demand of the owner of the exclusive rights to the copyright object is not satisfied within 48 hours from its receipt the owner has the right to send the demand of the infringement cessation to the hosting provider.
The stipulated procedure will be applied only in respect of the following copyright objects: music, audiovisual works, computer programs, videograms, phonograms and media broadcasts (programs).
The adopted law must be signed by the President as well as it should undergo publication procedures. On the day following its publication the law will enter into force.
There is no established practice as to the introduced procedure but it is expected to improve the effectiveness of the anti-piracy campaign in the Internet.
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