How to obtain and protect copyright in Ukraine

A person planning to start a business in Ukraine in the field of intellectual property (in particular, in the field of copyright) very often does not understand how to obtain these copyrights. Moreover, not everyone knows when such rights arise and how they can and should be protected.

Here are the ways to obtain copyright:

Copyright can be obtained by contract

Based on the article, Copyright registration in Ukraine, we know that copyright arises as a result of the fact of creating a work and automatically applies to all member countries of the Berne Convention (179 countries of the world), of which Ukraine is also a member.

Imagine the situation: you enter the Ukrainian market and want to create a business for the development and sale of mobile applications. You yourself do not know how to create them and therefore attract specialists. It is important to understand at such moments that after creating the application, you need not only to pay for the work of such a specialist, but also to issue a contract with such a specialist for the copyright to the developed application/program.

This type of rights can be formalized by concluding an agreement with such a specialist.

The main types of contracts in copyright:

  • License agreement;
  • Agreement on the alienation of property rights;
  • The contract of the author’s order

When the exclusive rights to an application/program are completely transferred to another person, we are talking about the alienation of copyright. In this case, an agreement on the alienation of the exclusive property right is concluded.

If the rights are transferred partially, that is, another person is given the opportunity to use such a program within the agreed limits, the parties draw up a license agreement.

The contract of the author’s order combines the order – as a service, as well as the full transfer of property rights, that is, the exclusive one.

We talked about each type of contract in more detail in our article Preparation of contracts in the field of copyright

 

Copyright can be registered

In Ukraine, the emergence and implementation of copyright does not require mandatory state registration of a work or the fulfillment of other formalities, but we recommend, like most experts in the field of intellectual property, to register copyright in a work. The certificate of copyright registration issued by the authorized state bodies of Ukraine is the most significant proof of ownership of copyright, and also fixes the date of creation of the work.

Such registration guarantees the presumption of authorship, and is also evidence in court in controversial issues related to the establishment of authorship.

You will find more details about the very procedure for registering copyright in Ukraine at the link: Registration and features of copyright in Ukraine

 

 

Well, we got the rights, but how to protect them now?

This issue is often of interest to foreign entrepreneurs, since everyone knows that Ukraine is taking a leading position in the field of copyright infringement.

Below are the main forms of copyright protection:

 

1. Preventive ways to protect copyright:

Preventive methods of protecting rights are focused on:

  • fixing the creation of copyright content;
  • assignment of rights to the present author and/or transfer, if necessary, of property rights from the creator to the copyright holder (customer of content creation);
  • prevention of violations, facts of illegal use of content and encroachments on it;
  • creation of prerequisites (foundation) for the effective use of claim methods of copyright protection.

Fixation of content (object of copyright) on a material carrier or on the Internet

Fixation of the object of copyright on any material medium, indicating the copyright protection sign (the Latin letter “c”, circled), the name of the author, the date of creation of the work.

Conclusion of agreements on the disposal of property rights to copyright content

The conclusion of copyright, licensing and other types of agreements on the disposal of property rights to content is an effective preventive way to protect copyright and, at the same time, an independent mechanism for exercising rights, including their transfer to other persons. Thanks to this method, the second party to the contract certifies for its part the fact of authorship of the content creator.

 

Trademark registration

This method, in the context of protecting copyright content, is optional, not suitable for everyone and is not a way to protect copyright in the content. In combination with other activities, trademark registration can significantly help in the implementation of the creative entrepreneurial activity of the author.

A trademark is an independent object of intellectual property rights. Registration of a trademark is a way to protect and designate goods (services), therefore a trademark is used by business entities in the implementation of entrepreneurial (commercial) activities. A trademark can also be indirectly used to protect embodied copyright objects from illegal copying and reproduction. This is especially true for entrepreneurial artists whose works (content) are reproduced and replicated. A trademark is registered as a verbal designation by:

  • words or words, proper name, letters, numbers;
  • as a figurative element – black and white or color, as well as any combination of verbal and / or pictorial designations, including three-dimensional, holographic and multimedia.

The purpose of registering a trademark is to protect the uniqueness of the content, goods and services marked with a trademark, and to prevent competitors from illegally using the fruits of your labor. A trademark is protected only for the goods or services for which it is registered. Trademark registration makes sense when you plan to use it in your business as a unique sign of goods and services, which indicates that these goods and / or services belong to you as the creator, manufacturer or service provider, as well as the corresponding quality and established business reputation.

Use of specialized online services for copyright protection

Registration of copyright with the help of such services is not related to the registration of copyright in a work through the patent authority “Ukrpatent”. Specialized online copyright protection services include the official WIPO PROOF website from the World Intellectual Property Organization, as well as other services that are available in your country. With the help of such resources, you can fix your authorship over a particular object in a certain period of time.

2. Pretentious ways to protect copyright:

For copyright protection, you can and should apply in the prescribed manner to the court. But before that, we recommend that you send a claim to the address of the person who committed the copyright infringement. If signs of such a violation are found on the World Wide Web, then a reasonable claim with a statement of arguments and a reference to the norms of the current legislation must also be sent to the hosting provider and the owner of the domain name of the corresponding resource.

Our specialists can help with the preparation of such documents or try to draw it up on your own (but keep in mind that on your own does not mean correctly).

Procedure for copyright protection

To help content creators properly use copyright claims, the following is a short and concise list of steps:

  1. Identify the person (natural or legal) whose actions and/or inaction led to the violation;
  2. Prepare and submit a substantiated claim;
  3. If the violation is not eliminated (the dispute is not resolved in the desired way), a statement of claim should be prepared and sent to the court;
  4. If there are sufficient grounds, you can apply to the National Police, or to the court.

We strongly recommend that any court cases be carried out by contacting a lawyer.

And in general, the lawyers of our company will be happy to help you with any of the questions that have arisen in the field of intellectual property. Trust professionals and take risks wisely.

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