CIVIL-LEGAL PROTECTION OF COPYRIGHT AND CONTIGUOUS RIGHTS IN UKRAINE
10.02.2009 09:28
Автор: Aksyonova Irené, student of the economic-legal faculty of The Odessa National Academy of Law in Simferopol
[Право интелектуальной собственности и его защита. Информационное право]
The jurisdictional form of protection of copyright can be carried out with the use of civil-legal form of protection.
In my opinion, actuality of the problem lies in the fact that lately, the citizens of Ukraine more frequently apply to the court to defend or to renew their broken copyright, especially those related to creation of new modern technologies. It is not difficult to create the counterfeiting copy of creation, phonograms, videograms now. Stealing of the computer programs, piracy and plagiarism became widespread. It is possible to forge information or documents concerning ownership. That’s why the problem of civil-legal protection of copyright in Ukraine is actual today.
Civil-legal method is the most widespread method of resolving disputes concerning authorship rights. Its main purpose is not the punishment of the violator, but the renewal of author’s copyrights and claiming damages. In this connection the legislation of Ukraine set the wide spectrum of methods of protection of copyrights and contiguous rights.
They are: 1) confession of sole right; 2) confession of invaliding of a transaction about ownership; 3) prevention of actions which violate the right or create the threat of its violation; 4) renewal of situation existed before; 5) financial damages, damages for mental distress; 6) confession of the state body’s decision as illegal.
But there are the special methods of protection, foreseen by the author legislation. They are: the payment of profit got by a violator because of the violation of authorship or contiguous rights and payment of compensation.
As for the methods of protection of copyright they depend on whether these rights are property or nonproperty.
The violator of copyrights can be prosecuted to the civil-legal liability irrespective of the form of the guilt (intention or carelessness), and irrespective of availability or absence of financial or moral damage. Also the violator can be brought to the civil-legal liability regardless his prosecution to administrative or criminal liability.
Legal defence is the most widespread and effective method of fight against violation of copyright and contiguous rights. Foundation for prosecution of the violator to the civil liability is bringing in a lawsuit by the author or the legal owner in the civil or economic legal proceeding. It is based on the articles 431, 432 of the Civil code of Ukraine. Copyright registration can substantially facilitate procedure of proving facts in a court, as the registration document contains such important information as the object, the date of invention and the name of the creator.
State registration of copyright must be carefully worded since it may be possible to copy any part of the process or invention not mentioned in the document. If all points of law have been observed the creator of the work or the owner of authorship will be able to protect his ownership applying great variety of civil-legal methods.
Literature:
1. Civil Code of Ukraine (June 16, 2003).
2. Law of Ukraine of "Сopyright and contiguous rights" (December 23, 1993)
3. Decision of the Cabinet of Ministers of Ukraine «About the state registration of copyright and agreements concerning the right of the author's work» (December 12, 2001)
e-mail: lala.cool-sweet@rambler.ru
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