On 26 April 2017 entered into force long-awaited Law of Ukraine "On State Support of Cinematography" (hereinafter, the Law), which made amendments to the Law of Ukraine "On Copyright and Related Rights in Ukraine", including those concerning the new mechanisms to combat copyright and (or) related rights infringement on the Internet.

Despite some imperfections of the Law, its adoption is an important and positive development in the area of intellectual property protection on the Internet. If previously Internet pirates had in fact no problems in avoiding responsibility for their actions, today we have the Law that establishes clear mechanisms designed to promptly and effectively protect copyright and (or) related rights owners on the Internet.

In general, the essence of the proposed mechanisms of protection of copyright and related rights on the Internet comes down to sending special notices (applications) to the owner of the website (web page) or hosting provider demanding to disable access to the information posted on the website (web page) and to block the content by the latter based on such applications.

It should be noted that having detected the copyright or related rights infringement on the Internet, the rights holder can realize the special right of protection established by the Law, only acting through an advocate, for whom the Law establishes a special status and provides all the necessary powers.

Our company’s advocates have a great amount of experience in the field of copyright and related rights protection, including the rights assertion on the Internet. We will help you to protect your copyright or related rights on the Internet promptly and efficiently under the special procedure established by the Law, namely by:

  • collecting the necessary information to prepare applications on the termination of copyright and (or) related rights infringement on the Internet to website (web page) owner, hosting provider, including required information from public sources (WHOIS databases, relevant websites) and through advocate’s requests mechanism;
  • preparing applications for termination of infringement that contain all necessary information, which is required by the Law for these kind of applications;
  • prompt sending of applications to the recipients via email, by signing them with digital electronic signature of an advocate;
  • monitoring the actions taken by website (web page) owner, hosting provider (whether they perform their statutory duties, comply with deadlines, actions procedure, etc.) and prompt response to the procedural breaches by website (web page) owners and hosting providers, their inaction;
  • suing for breaching the procedure of responding to applications for termination of infringement;
  • legal support during court procedure to protect copyright and (or) related rights that have been infringed, including on the Internet;
  • legal support of the enforcement procedure.

On the issue of protection of your copyright and (or) related rights on the Internet using the special procedure established by the new provisions of the Law of Ukraine "On Copyright and Related Rights" and/or if you have any questions about the information above, please contact us by telephone: +38 (044) 221-02-24 or by e-mail: info@smartsolutions.ua

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