Ukraine reforms copyright regulation system in line with EU standards
On 1 January 2023, a new Copyright Law, the Law on Copyright and Related Rights, entered into force in Ukraine.
The Copyright Law reforms the Ukrainian copyright protection system and brings Ukrainian copyright legislation in compliance with EU legislation.
The new features introduced by the Copyright Law relate, inter alia, to the following:
- A regulation for computer programmes;
- An author’s right to a fee from the subsequent sale of their works (applicable only to original artistic work) and remuneration to authors for works created;
- A regulation of and IP rights for works created by computer programmes and AI (i.e. sui-generis rights);
- The details for the transfer and licensing of IP rights;
- A regulation on protection of IP rights including against infringements committed via the Internet (the procedure introduced provides for mandatory representation of IP rights owners that are legal entities by an attorney or a patent attorney when referring to online platforms with requests to cease infringements);
- The scope of actions that constitute IP rights infringement;
- The details of IP rights inheritance, etc.
In general, the Copyright Law adjusts Ukrainian copyright legislation to be in line with EU legislation, enables stronger protection of IP rights and resolves unregulated conflicts including those arising from rapidly evolving technological innovations.
The text was prepared by CMS in Kyiv.