Zal Dmytro Oleksandrovych
Zal Dmytro Oleksandrovych

Attorney

Phone numbers
+38 (073) 007-44-70

Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Contact now
Copyrights protection in court

Copyrights protection in court

Today, copyright protection in court is a very relevant issue. This is confirmed by dozens of cases, the solution of which has been worked on and continues to be worked on by the qualified specialists of our legal company “PRIKHODKO & PARTNERS”.

In an objective sense, copyright is a set of legal norms that regulate social relations regarding the creation and further use of works of literature, science, and art. In a subjective sense, copyright represents personal property and non-property rights that arise from the author after the creation of the work and are protected at the legislative level.

Among the objects of copyright relations: an intangible good that is embodied in the form of a product of spiritual creativity (we are talking about works of literature, science, art).

According to Article 54 of the Constitution of Ukraine, “citizens have the right to freedom of artistic, literary, technical and scientific creativity, protection of copyright, intellectual property, material and moral interests.” Thus, every author, creator who has a patent for his product can count on copyright protection in court.

Subjects of copyright

Article 52 “On copyright and related rights” stipulates that “the protection of personal property and non-property rights of the subject of copyright is carried out in the manner established by civil, administrative and criminal legislation.” In case of violation of the legal rights of copyright holders, they can apply to the court in accordance with the established procedure.

Subjects of copyright may:

  1. File claims for compensation for non-pecuniary (moral) damage or material damage (damages).
  2. Demand renewal and recognition of their rights. We are talking, among other things, about the prohibition of actions that create a threat of infringement or violate copyright.
  3. Demand the adoption of other measures that are provided for by law and are related to the protection of copyright.

Protection of copyrights in court is carried out in accordance with Article 255 (Code of Ukraine on Administrative Offenses). As for protection under criminal law, it is carried out through the court’s sentencing.

Copyright protection in Ukraine

Examples of violation of intellectual rights of the author are numerous. Unfortunately, the use and distribution of copyrighted products is a common practice in today’s computerized world. Most often, the author’s rights are violated on content that is posted on social networks or on the Internet in general.

Ukrainian legislation provides for the principle of presumption of authorship. What is it about? The author of an intellectual product is considered to be the person who was marked as the author on the copy or original of the work (in the absence of evidence of the authorship of another). Human rights defenders and content creators, in accordance with current Ukrainian legislation, have effective ways and methods of copyright protection. However, some provisions of the law can be used to the detriment of the real content creator. We are talking about situations when the author of the work did not take measures to protect it, for example, did not register the fact of his authorship at the legislative level.

In order not to protect copyright in court in the future, it is necessary to act in advance.

There are the following preventive methods of copyright protection:

  • Fixing the creation of an author’s product.
  • Consolidation of rights by the author – creator or their transfer from the creator to the right holder, if he acts as a customer of the content.
  • Prevention of facts of illegal use of author’s product, prevention of violations.
  • Creation of a reliable basis for the most effective use of all copyright protection opportunities.

In this way, you will be able to protect your rights as a content author. If the case has already reached the court, the lawyers of our company “PRIKHODKO & PARTNERS” will help you protect your copyright.

Where do you need to start? To begin with, the natural or legal person whose actions/inactions led to copyright infringement is established. The next stage is the preparation of a substantiated claim. If this was not enough, the filing of a subpoena begins. It is with the subpoena that you have to go to court.

Upon proof of an offense, administrative and, in some cases, criminal liability follows.

Thus, in order to maximize the protection of one’s copyrights, it is necessary to defend a clear strategy of protection both from competitors and from infringers. Protecting intellectual property will allow you to gain customer loyalty and consolidate leadership positions on the market.

The lawyers of “PRIKHODKO & PARTNERS” have many years of experience in the field of copyright protection. We will help you develop the right strategy for protecting your intellectual property!

Calculate the cost of services

1 question

Do you need to protect your copyright in court?

Yes
No

2 question

Is the copyright owner an individual?

Yes
No

3 question

Is the copyright owner a legal entity or a group of individuals?

Yes
No

4 question

Are you in Kyiv or Kyiv region?

Yes
No
Successful cases on the topic:

You may also need:

Registration of software copyrights

Read more

Patenting an invention (know-how) in Ukraine

Read more

Registration of trademarks

Read more

International Trademark Registration

Read more

Register the copyright of the picture

Read more

Patent registration for intellectual property in Ukraine

Read more

Register copyright on poems

Read more

Patent search in Ukraine

Read more

Software copyright registration

Read more

Inspection of patent purity

Read more

Registration of Copyright for Music

Read more

International registration of a patent for an industrial design

Read more
Articles on the topic:
20%
discount
If we do not
call back
during the day
Consultation
Law company
Leave a request for legal assistance right now:
9+ years on the market
70+ professional practitioners
Fixed price
Online / offline consultation

Intellectual property

A claim of improper use of a trademark Accelerated trademark registration in Ukraine Agreement on creation to order and use of the object of intellectual property rights Agreement on the transfer of ownership of a trademark Appealing a refusal to register a trademark in Ukraine Appealing the refusal to register a patent for an industrial design, utility model or invention Barcode registration: how to make a barcode for a product Book copyright registration Brand name registration Brand registration in the USA for business on Amazon (Amazon Brand Registry) Certification of cosmetics (cosmetic products) Commercial concession contract Compensation for copyright infringement Consultation of a lawyer on copyright Copyright lawyer Copyright on project documentation: legal aspects and practical recommendations Copyright registration Copyright transfer agreement Copyrights protection in court Counterfeit lawyer Create License agreement Development of a license agreement for the object of intellectual property rights Development of an agreement on the transfer of rights to intellectual property objects Disposal of intellectual property rights Drafting a Copyright Agreement Entering the object of intellectual property in the customs register Evaluation of intellectual property Fight against counterfeiting and piracy Filing a complaint with the DMCA Industrial design patent Inspection of patent purity Intellectual property infringement Intellectual Property Lawyer Intellectual property protection on the Internet International patent search International registration of a patent for an industrial design International registration of industrial designs International registration of the invention International Trademark Registration Internet piracy lawyer Invalidation of a trademark certificate IP Due Diligence (Audit) for Business Legal protection against product copying Legal protection of the trademark Legal support for continuation of the line of this trademark Logo registration Objection to the registration of an industrial design Objection to trademark registration Obtaining a trademark certificate Patent for a utility model for military purposes (weapons) Patent registration for intellectual property in Ukraine Patent search in Ukraine Patenting an invention (know-how) in Ukraine Plagiarism lawsuit Preparation of contracts in the field of intellectual property Protection against counterfeiting Protection of intellectual property rights Protection of trademark rights Recognition of a trademark as well-known in Ukraine Register a cryptocurrency name Register copyright on poems Register the copyright of the picture Register the copyright of the song Register TM in Ukraine Registration of a patent for an invention Registration of a patent for an invention in Ukraine Registration of a pseudonym of an artist / media personality Registration of a trademark in the customs register of Ukraine Registration of an international trademark through the Madrid system Registration of Copyright for Music Registration of intellectual property Registration of rights to an industrial design Registration of software copyrights Registration of the copyright Registration of the store name Registration of trademarks Response to objection to registration of intellectual property/industrial design Software copyright registration Software licensing Song copyright registration Sublicense agreement TM protection at customs TM registration Trademark check for novelty (plagiarism) Trademark License Agreement Trademark protection in Ukraine Trademark registration Trademark Registration for IT Projects and Startups Trademark registration in China Trademark registration in foreign countries Trademark registration in France Trademark registration in Germany Trademark registration in the USA Trademark registration in Ukraine Transfer of rights and issuance of licenses for the object of intellectual property Transfer of rights to an industrial design Utility model patent – price of patent registration in Ukraine Utility model patent – Utility model patenting in Ukraine Valuation of intellectual property rights Work Copyright Registration