Ukraine has recently joined the World Intellectual Property Organization (WIPO ALERT Database) platform.
The WIPO is an international online platform where authorized participants of the World Intellectual Property Organization member states upload lists of websites or applications suspected of infringing copyright and intellectual property rights.
Ukraine has become the 15th country to fill the international WIPO ALERT platform with a list of websites with copyright infringements, and to form and maintain a national list of such websites. This is an important step towards creating a more secure digital space in Ukraine, which will help protect intellectual property rights and further develop the national economy.
According to the Ministry of Economy, the order approving the procedure for creating and maintaining a national list of websites that raise concerns about the observance of intellectual property rights was adopted on March 21, 2024. In other words, now, through the WIPO ALERT data exchange platform, participating countries can exchange information on potential violations of intellectual property rights on an international scale.
Copyright and/or related rights holders may submit to the IP Office a request to include a website that raises concerns about the observance of intellectual property rights in the national list of such websites.The Committee on Economic Development, which has jurisdiction over intellectual property issues, welcomes the next step taken by Ukraine on its way to European integration. It is also important to mention that in recent years the Verkhovna Rada of Ukraine has adopted a number of European integration laws in the field of intellectual property: The Laws of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Protection of Intellectual Property Rights”, “On Copyright and Related Rights” and others.
Also very important in our time is the statement of the First Vice Prime Minister of Ukraine – Minister of Economy of Ukraine Yulia Svyrydenko: “Despite the challenges of a full-scale war, we are making every effort to protect copyright and related rights on the Internet for Ukrainian and foreign intellectual property rights holders. Ukraine has become one of the first countries in the world to comprehensively implement a relevant mechanism based on a secure online platform where authorized member states of the World Intellectual Property Organization can upload information about websites and applications that infringe copyright from the point of view of national norms. This is also a confident step towards Ukraine’s European integration,” Svyrydenko said.
Submission and review procedure
The Procedure on Approval of the Procedure for Formation and Maintenance of the National List of Websites Raising Concerns Concerning the Observance of Intellectual Property Rights sets forth the procedure for submitting and reviewing requests to the national list, making conclusions on the existence of grounds for including a website in the national list, entering information about the website, maintaining the national list, and removing information.
The application is filed in respect of one website on behalf of the applicant by its representative – a lawyer or patent attorney – and consists of the following documents and materials:
- a request for inclusion of the website in respect of which there are concerns about the observance of intellectual property rights in the national list;
- information on the type, title, year of publication (if known) of the copyright and/or related rights objects to which the request relates, as well as other information sufficient to identify such published objects;
- documents and information certifying that the applicant owns intellectual property rights, the infringement of which, when used in the appropriate manner, is the basis for the request regarding the website;
- information and materials certifying the existence of grounds for filing an appeal provided for in paragraphs three through six of part ten of Article 8 of the Law of Ukraine “On Advertising”;
- documents confirming the powers of the applicant’s representative.
The request is submitted to the Ukrainian National Office of Intellectual Property and Innovations (UNIPI), which considers it within 30 calendar days from the date of receipt of the request or sending a request for clarification to the website owner (the request is sent if the website owner has contacts). The request is considered free of charge. The Ministry of Economy, based on the conclusion of the UIPI, includes the website in the List and publishes the information on WIPO Alert.
US experience
In the United States, there are several mechanisms for maintaining lists of websites that infringe intellectual property rights:
– Digital Millennium Copyright Act (DMCA): This US law, passed in 1998, provides a means to address copyright infringement in the online environment. Copyright owners can send notices to websites that post their material without permission. Websites are obliged to remove such content or block access to it.
– U.S. Trade Representative’s (USTR) Special 301 Report: This report is compiled annually and includes a list of countries that do not effectively combat intellectual property infringement. This may include lists of specific websites that infringe copyright.
– Intellectual Property Enforcement Coordinator (IPEC): This is a position in the U.S. Government that coordinates the enforcement of intellectual property laws. It may cooperate with other agencies to maintain lists of infringers.
– Private Sector Initiatives: In addition, private companies, such as rights holders, law firms, and technology companies, can create their own lists of infringing websites and take action to take them down.
Maintaining a national list of websites that raise intellectual property rights concerns requires cooperation among various actors, including government agencies, private companies, and NGOs. Such a list should be prepared in detail and updated to reflect new infringements and changes in legislation.
Creating and maintaining a national list of websites of intellectual property rights concern is an important step in protecting creative work and intellectual property rights on the Internet. This list helps to identify and monitor resources that violate copyright, patent, trademark and other aspects of intellectual property. Ukraine’s experience in creating and maintaining a national list of websites of intellectual property rights concern indicates the success and importance of such measures in combating intellectual property infringements on the Internet.
Ukraine pays considerable attention to protecting the rights of intellectual property owners, including copyrights, patents and trademarks. The introduction of a national list of websites that infringe these rights is one of the most effective tools for detecting and controlling online infringements.
Illegal use of your creative work, patents and/or trademarks on the Internet can cause serious damage to your interests and business. Our team is ready to assist you in detecting infringements, adding you to the national list of infringing websites, and protecting your rights in court. We understand the complexity of the modern digital environment and have the necessary knowledge and resources to ensure a successful outcome for our clients.
“Intellectual property protection is your advantage, our mission!”
content protection / copyright / intellectual property / pirated websites
