Protection of the intellectual property rights infringed by clone websites in Ukraine
Cost of services
Cost of services:
Reviews of our Clients
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What we offer
- monitoring of the Ukrainian segment of Internet for detection of infringements of intellectual property rights on websites that copy the Client’s original website/the content;
- identification of owners of clone websites;
- analysis of Client’s documents that confirm the intellectual property rights for a certain object, for example, a trade mark, product picture, etc.;
- selecting an optimal form of cooperation with an infringer, writing letters, claims;
- engagement of the third parties, hosting providers, search systems (for example, application of the DMCA procedure for the Google search engine);
- cessation of infringements in a judicial procedure.
Documents required for intellectual property rights protection
If the intellectual property was created on a by-order basis, it is important that the company that owns it can properly confirm the transfer of rights, including property rights, to the company. For this purpose, the Clients shall provide appropriate licensing agreements with photographers, designers, etc.
Given that the intellectual property is commonly referred to as sensitive information, relevant services agreements typically contain non-disclosure clauses.
The price of the protection of the intellectual property rights infringed by clone websites depends on the following factors:
- the number of sites that require legal actions to be carried on;
- the complexity of the legal measures to be applied to the infringer (e.g. drafting letters and complaints will be the cheapest and fastest procedure, but it is not always effective);
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The following factors play the key role in the proceedings related to the protection of the owner’s IP rights:
- Identification of the person responsible (depending on the website where the content is published, it may be both the person who published the content and the owner of the website);
- Proof of the intellectual property, as well as the extension of intellectual property rights to Ukraine (for example, in case of trademarks tied to particular goods and services that shall be registered in each country separately);
- Linking the person responsible to the infringement committed (given that the case-law of courts in this area is not fully developed, it is necessary to carefully select the evidence and a form the evidence is presented to the court).
Answers to frequently asked questions
No, it’s not a must. Our lawyers can act under the power of attorney, even for a foreign business entity. In addition, in some cases, the fact of extension of the intellectual property rights to Ukraine (e.g., a trademark) is much more important than the representative offices operating in Ukraine.
Technically, there is the criminal liability for this kind of violation, but in practice such a remedy is not used due to the complexity of the evidence process and the specific nature of the violations that entail such a sanction. Economic and civil remedies for the breach of IP rights are much more effective.
What are the most common types of the intellectual property infringed over the Internet?
- Photo and video;
- Design of a website and its pages.
Which courts deal with intellectual property disputes?
Currently, depending on the parties involved in the dispute, such cases are considered by the courts of general jurisdiction (civil cases where the parties are individuals) and by commercial courts (cases where the parties are legal entities).The High Court of Intellectual Property is currently being created. It will become a specialized IP court in the near future. At the same time, it will consider disputes as a court of first instance, and appeals will be considered by the relevant chamber.
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