UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
9.3 Exhaustion The Trade Mark Law does not explicitly determine a certain IP exhaustion regime. Meanwhile, the current jurisprudence tends to apply the international trade mark exhaustion principle. However, the exhaustion system will not apply if the state of the product has changed or worsened upon the first sale. In such a case, a trade mark holder may prohibit the use of its trade mark on parallel imported products. The Copyright and Related Rights Law clearly pro - vides a national exhaustion regime for works. If copies of the work have been lawfully introduced into civil circulation by their first sale in Ukraine, further aliena - tion of these copies without the consent of the cop - yright-holder and without payment of remuneration (exhaustion of rights) is permitted, except for original works of art, the further alienation of which is subject to payment of remuneration for the right of resale. The provisions of this paragraph do not apply to interactive provision to the public of access to the work. Preliminary injunctions are available either before fil - ing a claim or at any stage of the case if failure to take such measures may significantly complicate or make it impossible to enforce the court decision, or to restore the violated or disputed rights or interests of the plaintiff. In trade mark or copyright invalidation disputes, the courts may apply preliminary injunctions against a defendant who holds a disputed trade mark or copy - right certificate, namely prohibiting transfer of rights, abandonment of a disputed trade mark and granting of rights to use a disputed trade mark or work to third parties. 10.2 Monetary Remedies Trade Marks The infringement must be stopped upon the request of the trade mark owner, and the infringer is obliged to compensate the owner for any material damage through reimbursement of losses or payment of com - 10. Remedies 10.1 Injunctive Remedies
• previously published articles on current issues can be reproduced and distributed unless explicitly prohibited by the author; • public disclosure of works seen or heard during current events is allowed for reporting purposes, provided the use aligns with the informational objective; • reproduction of works in catalogues for publicly accessible exhibitions, auctions, fairs or collections is permitted, as long as the catalogues are not used for commercial purposes; • publicly delivered speeches, addresses, reports and similar works can be reproduced and made known publicly to the extent that they serve the intended purpose; • lawfully published literary, artistic, musical and other works may be used to create pastiche, parody or caricature; • creating images of architectural and visual art works located in publicly accessible places and using these images, provided such actions carry no independent economic significance; • adaptation of audiovisual works through audio description (descriptive video service); • reproduction in the State Register of copyright registration certificates and the State Register of copyright-related contracts; • recording of works for short-term use by broad - casting organisations for their own programmes, with the right to public dissemination; and • production of copies of works from lawful sourc - es for text and data mining related to scientific publications or research, provided there is no direct prohibition by copyright owners, especially via computer-readable means on digital content accessible online. For more details, contact a local attorney. The right to free speech is a fundamental right, and there are instances where this right intersects with copyright law, particularly in the realms of news reporting, commentary and non-commercial research. The use should not conflict with normal exploitation of the work and should not unreasonably prejudice the legitimate interests of the copyright owner.
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