Ukraine/ 5.1 General legislation  

5.1.7 Copyright provisions

The Law on Copyright and Neighbouring Rights was adopted in 1994. In 1995, Ukraine joined the Bern Convention on the Protection of Literary and Artistic Works. In 2001, all necessary amendments were introduced into the Copyright Law. In 2002, the Parliament ratified the agreement to join the Rome Convention on Protection of the Rights of Performers, Phonogram Producers and Broadcast Organisations. Joining the WTO TRIPS Agreement required further harmonisation of the Ukrainian Copyright Law provisions to bring it into line with European and international regulations.

The Law on Distribution of Copies of Audio and Visual Products and Phonograms (2000) regulates norms of copyright and joint copyrights, protecting producers against broadcasters and other product users.

In 2006, the governmental Department on Intellectual Property developed a draft law on amendments to laws and by-laws on intellectual property rights taking into account new technological achievements, especially in audio and video industries.

According to the Minister of Culture, the ministry prepared amendments to the Law on Copyright and Neighbouring Rights which should be submitted to the Verkhovna Rada of Ukraine for adoption in 2012. The main objectives of the Draft Law on Amendments to the Law of Ukraine Copyright and Neighbouring Rights are:

• to bring provisions of the Civil Code of Ukraine and the Law On Copyright and Neighbouring Rights into line with EU laws on copyright and neighbouring rights;
• to eliminate shortcomings in laws on copyright and neighbouring rights;
• to resolve practical problems which require legislative determination;
• to match respective provisions of existing laws, in particular, norms of the Civil Code, and the Law on Copyright and Neighbouring Rights; and
• to improve norms related to joint management of interests of author and neighbouring rights' subjects.

The Draft Law envisages state control over establishment and activities of joint management organisations. It offers the collection and distribution of remuneration by joint management authorised organisations.  

On 10 January 2012, the President of Ukraine signed Law №42-11-VI on the Ratification of the Agreement on Collaboration in the Legal Protection of Intellectual Property and the Establishment of the Inter-Governmental Council on Protection of Intellectual Property.

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