Publication date: 08.06.2024
Liability for copyright infringement in Ukraine
Introduction
Copyright protection is an important aspect of the legal system that protects the interests of creators of intellectual products. In Ukraine, the legal framework for copyright includes a number of regulations that define the rights of authors, methods of protection and liability for infringement. In this article, we will review the main provisions on liability for copyright infringement in Ukraine.
Legal framework
The Law of Ukraine "On Copyright and Related Rights":
- The main regulatory act governing legal relations in the field of copyright. The law defines the concept of copyright, objects and subjects of the right, as well as methods of protection.
The Civil Code of Ukraine:
- It contains provisions on the protection of personal non-property and property rights of authors, the possibility of compensation for damage and other remedies.
Code of Ukraine on Administrative Offenses:
- Defines administrative liability for copyright infringement.
The Criminal Code of Ukraine:
- Provides for criminal liability for copyright infringement in cases of significant damage or commission of a crime by an organized group.
Types of liability
Civil liability:
- Compensation for damages: The author or other copyright holder has the right to claim compensation for material and moral damages caused by copyright infringement.
- Prohibition of use of a work: A court may prohibit the use of a work that is the result of copyright infringement.
- Payment of compensation: Instead of compensation for damages, the author may demand payment of compensation, the amount of which is determined by the court within the limits established by law.
Administrative liability:
- Penalties: According to the Code of Administrative Offenses of Ukraine, copyright infringement is punishable by fines.
- Confiscation: It is possible to confiscate illegally produced copies of works and the equipment used to produce them.
Criminal liability:
- Fines and imprisonment: The Criminal Code of Ukraine provides for fines or imprisonment for copyright infringement if such actions caused significant damage or were committed by an organized group.
- Confiscation of property: Property obtained as a result of copyright infringement may be confiscated.
Ways of protection
Judicial defense:
- The author or copyright holder may file a lawsuit to protect their rights. The court may order compensation for damages, a ban on the use of the work, and other measures.
Administrative protection:
- Appeal to public authorities, such as the State Intellectual Property Service of Ukraine, in order to protect their rights.You may be interested in the following articles: lawyer consultation ,lawyer consultation ,analysis written consultation, verification of documents by a lawyer, lawyers documents help legal opinion ,legal opinion of a lawyer lawyer online consultation lawyer consultation lawyer help lawyer online
Self-defense:
- Authors can use technical means of copyright protection, such as digital signatures, watermarks, and other means that make it difficult to illegally copy and use works.
Conclusion.
Liability for copyright infringement in Ukraine includes civil, administrative and criminal sanctions. The legal framework provides effective mechanisms for protecting the rights of authors and other rights holders, and establishes strict liability measures for infringement.
