WIPO ALERT (a system of the World Intellectual Property Organization (WIPO)) is a global database containing information about web resources that infringe intellectual property rights, in particular copyright and related rights. The inclusion of such websites in this system ensures cooperation between governments, rights holders and advertisers to combat piracy and reduce the financing of illegal content.
In other words, the WIPO ALERT database is an international blacklist of websites that have been claimed by content and application rights holders, which can be used in more than 190 countries.
WIPO ALERT can be used by advertisers, advertising agencies and those who provide them with technical services. Authorized users of WIPO ALERT can become a member by submitting an application to access aggregated lists of infringing websites operating in different countries.
Ukrainian IP Office Develops Recommendations for Adding Websites to the International WIPO ALERT Database
As part of its efforts on international cooperation and enforcement of intellectual property rights, the Ukrainian Intellectual Property Office (hereinafter – the IP Office) has developed detailed recommendations for adding websites of IP rights concerns to the WIPO ALERT database. This mechanism is administered by WIPO and serves as an important tool for monitoring and controlling infringements.
The new recommendations of the IP Office include sample documents and explanations of the procedures allowing rights holders to submit requests for inclusion or exclusion of websites from the national list. According to representatives of the IP Office, the new procedure aims to make the notification process more accessible and understandable, ensuring more effective copyright protection at the international level.
“We strive to ensure that our initiatives in the field of intellectual property protection are open and effective for all right holders. WIPO has created the WIPO ALERT database as a powerful tool for combating IP infringements, and we want to ensure that Ukrainian companies and individual rights holders have all the necessary means to protect their rights,” said Vitaliy Kindrativ, Deputy Minister of Economy of Ukraine.
The official website of the State System of Intellectual Property Legal Protection now offers detailed information on the procedure for adding and removing websites from the WIPO ALERT database, as well as links to sample petitions and applications.
This initiative is a part of Ukraine’s broader strategy to strengthen international cooperation in the field of intellectual property and raise standards of copyright protection in the digital age.
Requirements to the request and the procedure of submission
The application is filed in respect of one website on behalf of the applicant by his representative – an attorney or a representative in intellectual property matters – a patent attorney (hereinafter referred to as the applicant’s representative).
The application shall consist 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 (hereinafter referred to as the request);
– information on the type, title, year of publication (if known) of 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;
– documents confirming the powers of the applicant’s representative.
The applicant’s representative shall submit copies of documents and/or information certifying the applicant’s status as a copyright and/or related rights holder, infringement of which, in the course of appropriate use of copyright and/or related rights objects, is the ground for the application regarding the website.
If the applicant is not the primary copyright and/or related rights holder, the application shall include copies of documents certifying that the applicant owns (transfers) intellectual property rights to the relevant uses of the copyright and/or related rights, the infringement of which is the basis for the application, or an extract from such documents containing information on the ownership of the relevant intellectual property rights by the applicant.
If the documents are in a language other than Ukrainian, their translation into Ukrainian shall be provided. UKRNOVI has the right to require the applicant’s representative to provide a translation, the accuracy of which is certified in accordance with the law, of the documents and materials submitted in the request.
If intellectual property rights to the respective uses of copyright and/or related rights objects as of the date of filing the request belong to several subjects of such rights simultaneously, each of these subjects of rights may file the request independently of the other subject(s) of the said rights.
Adding web resources of concern to the WIPO ALERT system is an important tool for effectively combating intellectual property rights infringements on a global scale. This initiative helps to reduce the funding of pirated resources, protects rights holders and supports the development of legal digital content.
Coordinated cooperation between national governments, rights holders and advertisers ensures the transparency and effectiveness of this system. The international WIPO ALERT platform not only reduces illegal activities, but also raises awareness of the importance of respecting intellectual property rights.
All in all, WIPO ALERT is an example of how modern technology and international cooperation can contribute to the creation of a legal and ethical environment in the digital sphere, ensuring a fair balance of interests between consumers, creators and businesses.
