INTELLECTUAL PROPERTY / TMT PRACTICE
Copyright and Related Rights
In addition to industrial property laws, many creations, such as works of literature, science and art, can rely on copyright and related rights for legal protection.
From the moment that a particular creation, be it a text, photograph, song, graphic, design, blueprint, audio record, television broadcast, radio broadcast, computer program or database, starts to be reproduced, spread, performed, broadcast, edited, posted on the Internet or marketed in any other way, the legislation on copyright and related rights applies. Like industrial property rights, works subject to copyright or related rights are regarded as IP rights; however, they are subject to a specific legal regime.
We have extensive experience in protecting copyright and related rights. We offer a comprehensive range of services relating to the creation/establishment, usage, transfer and protection of copyright and related rights on any literary, scientific and artistic works. In particular, we advise our Ukrainian and foreign clients on questions of ownership and transfer of exclusive rights within civil (business) and labour (employment) relations, personal (moral) rights, payment of remunerations to authors and performers, free (‘fair’) use of works of copyright and related rights, licensing and assignment of copyright and related rights, illegal use of copyright and related rights (including on the Internet), liability of information intermediaries (website administrators, network operators, web hosts), and technical means of protecting copyright and related rights.
We offer a full range of measures, both judicial and non-judicial, aimed at protecting copyright and related rights, including:
- preparing and submiting complaints and warning letters to alleged infringers
- preparing and submiting lawsuits and complaints to competent courts preparing and submiting complaints against illegal use of copyright and related rights in law enforcement bodies with the aim of bringing the alleged infringers to administrative or criminal liability
- representing clients before the the Antimonopoly Committee of Ukraine in cases involving the illegal use of copyright and related rights