Lawyers Submitted Nine Proposals to the Draft Law

2020-04-13

KYIV - April 13, 2020. The UBA Committee on Intellectual Property sent an open appeal to the Department of Intellectual Property Development of the Ministry of Economic Development, Trade and Agriculture of Ukraine on the draft law "On Copyright and Related Rights".

This draft law was published on the MEDT website on March 10, 2020. The Committee experts analyzed it in detail and provided a number of relevant suggestions for improvement. In particular, regarding the definition of terms:

1. "Exclusive rights" – Article 1 of the Draft. According to the UBA lawyers, such definition does not disclose, but only complicates the use of the relevant terms:

“In addition, the use of terms containing the words ‘exclusive rights’ needs to be refined in order to apply them unambiguously,” the Committee's experts said.

2. “State system of legal protection of intellectual property”, “National intellectual property body” and Article 4 of the draft. Here, lawyers propose to remove inconsistencies.

3. “Caricature” – Article 1 of the Draft. According to the definition proposed in it, a caricature is a work…, which can be a creative adaptation of another lawfully published work. Experts emphasize that such wording does not correspond to the concept of good faith and cannot refer to the case of free use of the work.

4. “Plagiarism” – Article 1 of the Draft. Lawyers noted that the definition identified a violation of the right to a name and plagiarism, which is erroneous.

The Committee's proposals also relate to the list of:

5. Regulations referred to in Article 2 of the Draft;

6. Objects not protected by copyright, specified in paragraph 8 of Part 1 of Article 7 of the Draft;

7. Objects, not protected by copyright, referred to in paragraph 9 of Part 1 of Article 7 0f the Draft;

The latest remarks of lawyers are aimed at improving:

8. Article 11 of the Draft:

"In Part 3 of this Article of the Draft, we propose to exclude the words "taking into account the third part of this Article", as this is exactly the third part," - the text of the open appeal reads.

9. Article 37 of the Draft, namely its addition to the non-property rights provided by Article 39 of the Draft.

The full text of the open appeal is available by the link.

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