Plagiarism lawsuit

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An Iryna

Head of Commercial and Civil Law Practice

He specializes in protecting the business reputation of legal entities, honor and dignity of individuals, protecting intellectual property, disputes with insurance companies, legal support for the activities of public organizations.

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Plagiarism lawsuit

Plagiarism is the publication under one’s own name of someone else’s work or the use of parts of someone else’s work in one’s own work without proper reference to authorship. In essence, plagiarism is the publication of other people’s photos, videos, and music, as well as other visual works, excerpts from them without reference to the author, or the use of such works for commercial purposes without the permission of the author. Translation and publication of a work without the permission of the author is also considered plagiarism under Ukrainian law.

What is the article for plagiarism in Ukraine?

Liability for plagiarism is provided for simultaneously by civil legislation, legislation on administrative offenses and the criminal code.

Yes, the law itself on copyright and related rights provides

  • compensation for moral (non-property) damage and compensation for damages with determination of the amount of compensation;
  • recovery of income received as a result of the violation;
  • collection of a one-time monetary penalty in the amount of 2 to 200 subsistence minimums for able-bodied persons or double/triple the amount of remuneration that would have been paid for granting permission to use the copyright object.
  • imposing on the violator a fine in the amount of 10 percent of the amount awarded by the court in favor of the plaintiff.
  • confiscation of all plagiarized objects,  as well as the equipment on which they were created.

АВТОАДВОКАТ ПО СТ. 130 КУоАП

Administrative responsibility in the field of plagiarism provides for fines from five hundred to one thousand tax-free minimum incomes of citizens in case of violation of such rights on the Internet.

Criminal responsibility for plagiarism involves a fine of three hundred to three thousand non-taxable minimum incomes of citizens or corrective labor for a term of up to two years, or imprisonment for two to six years, depending on the severity of the violation.

Steps to sue for plagiarism

Preserve еvidence: Before taking any legal action, it is important to preserve all evidence of plagiarism. This may include original material, page screenshots, video capture, text matching, etc.

In addition, received copies of publications must be duly certified as required by law.

Identify the infringer: find out who exactly placed your publication: the author, the publicist, the printing house (in the case of print), the owner of the site, the administrator of the site or community in the social network, etc. It is these people who can be responsible in such cases

Consult with a lawyer: Contact a lawyer from Prykhodko and Partners, specialized in intellectual property or copyright. An attorney will help you understand your rights and provide legal advice on filing a lawsuit.

Prepare a statement of claim: Together with a lawyer, draw up a statement of claim in which you clearly state the facts of the plagiarism and indicate the demands for compensation for damages or other measures, such as disclosure of the fact of plagiarism in the media.

Consider possible alternatives: Before starting a lawsuit, consider possible alternative ways to resolve the situation, such as filing a claim, removing posts from the Internet, or negotiations (mediation).

Suing for plagiarism requires substantial evidence and professional legal assistance. Although it can be a difficult and lengthy process, successfully resolving such cases can ensure that your rights are protected and that you are compensated for your damages.

Lawyers and attorneys of Prykhodko and partners will be happy to help protect your rights, collect fair compensation from the violator, and remove plagiarism from store shelves or the Internet.

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An Iryna
Head of Commercial and Civil Law Practice

He specializes in protecting the business reputation of legal entities, honor and dignity of individuals, protecting intellectual property, disputes with insurance companies, legal support for the activities of public organizations.

Contact now
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