COMPENDIUM CULTURAL POLICIES AND TRENDS IN EUROPE
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Copyright provisions and compliance with international norms have become one of the main priorities of cultural strategy formulated by experts and widely discussed by different stakeholders.

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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.

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.

However, the International Intellectual Property Alliance (IIPA) in its 2014 Special 301 Report on Copyright Protection and Enforcement recommended that Ukraine be retained as a Priority Foreign Country in 2014. As it Reports states, "Under the Trade Act", countries are designated a PFC if "acts, policies and practices" are deemed "unreasonable and burden or restrict U.S. commerce" including "the denial of adequate and effective protection of intellectual property rights." The 2013 designation of Ukraine as a PFC was based specifically on three critical shortcomings in Ukraine's intellectual property rights (IPR) regime: (1) the failure to implement "an effective and systemic means to combat widespread online infringement of copyright and related rights;" (2) "the unfair, nontransparent administration of the system for collecting societies;" and (3) the "widespread use of infringing software by Ukrainian government agencies". Other document, Pre-Hearing Written Comments IIPA before Section 301 Committee (September 9, 2013), indicates: "Unfortunately, at present in Ukraine, there are myriad obstacles to adequate and effective copyright protection, ranging from rampant digital copyright piracy to governmental decisions related to the operation of collecting societies that have removed the ability of rights-holders to determine how their rights will be administered. Piracy rates are exceedingly high in Ukraine. In addition, the use of unlicensed software by government ministries is a long-festering systemic problem that the government of Ukraine has not corrected".

It is necessary to note that copyright provisions and compliance with international norms have become one of the main priorities of cultural strategy formulated by experts and widely discussed by different stakeholders.


Chapter published: 05-06-2015

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