UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works According to the Copyright and Related Rights Law, objects of copyright include works in the field of lit - erature, art and science, as follows: • literary works of fiction, non-fiction, scientific, tech - nical or other nature (books, brochures, articles, etc), in written, electronic (digital) or other forms; • speeches, lectures, addresses, sermons and other oral works; • musical works with or without lyrics; • dramatic or musical-dramatic works, pantomimes, light and sound shows, circus performances, choreographic works, and other works created for stage performance, as well as their productions; • theatrical productions, stage adaptations and adaptations of intangible cultural heritage suitable for stage performance; • audiovisual works; • translated texts for dubbing (including voice-over), subtitling of audiovisual works into other languag - es; • works of fine art; • photographic works; • works of applied art, including decorative weaving, ceramics, carving, casting, artistic glass, artistic forging, jewellery, etc; • architectural works, urban planning, landscape architecture and landscaping; • works of artistic design; • derivative works; • collections of works, collections of adaptations of intangible cultural heritage, encyclopaedias and anthologies, collections of common data, and other compiled works, provided they are the result of creative activity in the selection or arrangement of content; • illustrations, maps, plans, drawings, sketches, plastic works related to geography, geology, topog - raphy, engineering, construction and other fields of activity; • computer programs; • databases (data compilations), if the selection or arrangement of their components is the result of intellectual activity; and
mark, particularly if an association between such designation and the trade mark may arise; and • a designation similar to the registered trade mark concerning the goods and services listed in the certificate and related to those listed in the certifi - cate, if such use may lead to confusion between these designations, particularly if an association between such designation and the trade mark may arise. These rights endure throughout the duration of the trade mark’s validity. 2.4 Use in Commerce In Ukraine, trade mark protection arises solely from its registration, whether through national or international procedures. A trade mark is deemed to be used if it is applied in the form of the registered trade mark, and in a form that differs from the registered trade mark only by indi - vidual elements, provided that this does not alter the overall distinctiveness of the trade mark. 2.5 Notices and Symbols The owner of a protected trade mark has the right to affix alongside the trade mark a warning marking ®, indicating that this trade mark is registered in Ukraine. The use of this symbol is entirely optional. However, using the symbol ® for non-registered trade marks may entail liability according to unfair competi - tion legislation. 2.6 Related Rights In Ukraine, intellectual property rights are not singu - lar, and a trade mark can be safeguarded by multiple forms of intellectual property protection. An emblem that is actually used as a trade mark might be pro - tected under both trade mark and copyright law. Con - sequently, different instruments for enforcement will be applied. If a trade mark constitutes a surname, it can be regis - tered, subject to certain restrictions (as mentioned in 2.1 Types of Trade Marks ).
625 CHAMBERS.COM
Powered by FlippingBook