6 August 2014

Mykyta Polatayko spoke at the round table of the UBA’s Committee of IP and Advertising Law and Committee of Telecommunications, IT and the Internet

Mykyta Polatayko, Sayenko Kharenko’s associate and IT group coordinator, spoke at the joint round table organized by the UBA’s Committee of Intellectual Property and Advertising Law and Committee of Telecommunications, IT and the Internet. The round table took place on 5 August in Kyiv and was devoted to the amendments to the Law of Ukraine “On copyright and related rights.”

The draft law in question concerns the protection of copyright and related rights on the Internet, including by restricting access to content and sites blocking.

Mykyta Polatayko offered to implement the following provisions to the draft law:

1) the future law should be implementable, that is, one should require from service providers only the things they can implement without significant investments in equipment;

2) rights protection system should operate quickly, because the content’s value on the Internet is reduced on the daily and sometimes on the hourly basis;

3) the law should clearly define the expected behavior, that is, what exactly and in what period of time each party should do;

4) the law should establish the conditions under which service providers are not responsible for copyright infringement (the so-called "safe harbor"). The responsibility for the defiance of the law should be tangible;

5) one should define the format of the content rights certification, as a provider cannot perform the estimation function;

6) in case providers and site owners take any losses because of the unscrupulous actions of the applicants, such losses should be compensated in full.

According to the results of the round table some recommendations for the amendments to the Law of Ukraine "On Copyright and Related Rights" will be prepared.

Sayenko Kharenko’s IT group is comprised of lawyers with industry-specific expertise who represent all major practice areas of the firm. This enables us to both advise clients on the most complicated projects and develop, debate, comment and evaluate legislation in IT sector. 


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