One of the leading practices of Law Firm “PEREMOGA” is intellectual property protection on the Internet.
Within the range of such service Law Firm “PEREMOGA” suggests:
- legal advice on Digital Millennium Copyright Act use in Ukraine;
- technical analysis of web-resource where illegal use of intellectual property was found;
- preparation of claim letter to violator concerning elimination of copyright violation;
- direct cooperation of our specialists with web-resource owner, web-hosting provider, user or other persons, illegally using results of your intellectual activity;
- assistance in bringing of violators to legal responsibility;
- recovery of damages from violators of intellectual property on the Internet, etc.
Complex of abovementioned services can be provided during pre-court dispute resolution procedure (mediation) and during legal representation of your interests by legal advisors of Law Firm “PEREMOGA”, and also during cooperation with Cybercrime Control Authority of the Ministry of Internal Affairs.
According to Article 41 of the Constitution of Ukraine, everybody can possess, use and dispose results of its own intellectual, creative activity.
Use of intellectual property is a possibility to take advantages of it; dispose of it is a possibility to decide what became of the property. Third parties have a right on use and dispose of intellectual property only under the permit (license) of person having sole right on it.
However, there is a great amount of intellectual property on the Internet, applied by people without permits. This refers to commercial titles, music, films, books, computer programs, articles, etc. Is such using a legal one and how long can it last without responsibility?
It is necessary to note, that illegal use of intellectual property results without permit and consent of owner (assignee – the same person who has sole right) can lead to blocking of web-sites where intellectual property is illegally available, and to criminal responsibility of web-sites owners, web-hosting providers or users.
Outstanding event in prevention of illegal use of intellectual property was Digital Millennium Copyright Act of the USA (DMCA) that specifies responsibility of Internet-users for copyright violation. Materials violating the copyright will be deleted particularly from Google search results.
It is necessary to know that Ukrainian users who illegally apply, post, copy, download, etc., intellectual property results of foreign authors, are also subject to this document influence because company Google is registered in the USA and complies with the legislation of this country. Additionally, main domains “COM”, “ORG”, “NET” and “INFO” belong to organizations recorded in the Business Register of the USA, so they are automatically subject to DMCA influence.
However, in order to use DMCA standards during intellectual property protection, firstly, it is necessary to study it thoroughly, and secondly, obligatory add requirement on copyright violation cease with extracts from Ukrainian legislation and international laws and regulations ratified in Ukraine, if speaking about invasion of foreign citizen or company intellectual property by Ukrainian Internet-pirate. Frankly speaking, it is beyond power of legal advisor who never had deal with such issues.
But, Law Firm “PEREMOGA” has great experience in relations with Internet-violators regarding cease of illegal use of the same trademarks of native and foreign companies or musical works of foreign or native performers.