Copyright Protection

• actions that infringe the ecnomic and/or moral rights of the author;
• piracy;
• plagiarism;
• unauthorized import on the territory of Ukraine of the copies of works;
• actions that pose a threat of Copyright infringement;
• actions aimed at circumvention of means and systems of digital rights’ management;
• forgery, alteration or removal of the rights-management information without the permission of the rightholders;
• distribution, imporrt on the territory of Ukraine, public performance of works, if the rights-management’ information has been unlawfully removed or altered on the copies of works.

Non-jurisdictional remedies – include the actions sought by the natural or legal persons aimed at protection of rights on copyrighted works. Such actions include any lawful remedies that can be taken by the rightholders,and do not preclude the assistance of the state authorities. Such remedies may include the notification of the infringer about the rights impaired, the offer of dispute settlement by means of negotiations.

Jurisdictional Remedies – provide for the involvement of relevant authorities concerning protection of the impaired or disputed rights. The core of these remedies is that the person whose rights have been impaired by any unlawful action, can have recourse to relevant state authorities including the courts and arbitration courts, Antimonopolian Commitee ect.

The Civil Remedies – are the most commonly sought remedies concerning the Copyright protection. The primary aim of such remedies is the restoration of rights and compensation for damages, rather than the punishment of the infringer. Thus, under Ukrainian laws the wide range of civil remeies has been established:

• exclusive rights' recognition;
• invalidation of Copyright related contract;
• temination of actions infringing Copyright;
• renewal of the infringed rights;
• compensation for damages, and other types of compensation;
• compensation of moral and/or economic damages;
• the annulement of the state authorities' decisions.

The civil liability of the infringer is brought on the ground of action in court, brought by the rightholder.

Criminal Remedies The remedies under the criminal procedure imply that the infringer shall be held liable under the criminal law. However, the qualification of Copyright infringing actions under the criminal law requires the following conditions to be met: replication of actions, the exercise of actions previousle conspired, grand economic damages, the execution of the actions mentioned, by the state official using his or her official status. the mental element of crime is characterized by the При этом субъективная сторона преступления характеризуется умыслом с прямой формой вины.

Criminal liability provides for the following types of punishments: penalty, corrective labour, punitive confinement,forfeiture of proterty.

Administrative liability mainly lays in lodging a complaint by the rightholder whose rights have been infringed, to the Antimonopolian Committee of Ukraine, or another relevant authority. However, the decision made by such a competent authority can therefore be challenged at the court.