UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
by the holder. Therefore, customs officials typically do not suspend the clearance of parallel imports.
AI has also impacted on copyright legislation in Ukraine. Specifically, the Copyright Law, effective as of 1 January 2023, introduced the concept of non- original objects generated by a computer program. These objects are protected for 25 years under a sui generis right. This move likely reflects the evolv - ing understanding and adaptation of copyright laws worldwide to address the complexities introduced by AI into content creation. Currently, there are no landmark trade mark or copy - right decisions in Ukraine pertaining to AI. However, according to a ruling by the Supreme Court issued in February 2024, the use by a party in a dispute of an “opinion” generated by an AI system regarding an issue already considered by the court can be inter - preted as an abuse of procedural rights and as a dis - play of disrespect for the judicial system. 12.2 Trade Mark and Copyright Use on the Internet Online platforms and ISPs in Ukraine typically fol - low a notice and takedown procedure. Copyright or trade mark holders need to formally notify the service providers of the infringing content. Service providers are expected to respond quickly to such notices by removing or disabling access to the reported content if the complaint appears legitimate. Trade mark owners also frequently deal with domain name disputes, often resorting to arbitration under the WIPO rules or other authorised ADR institutions. It is important to note that the registration of.UA domain names (second-level) can only be done based on respective registered trade marks (national or inter - national registrations covering Ukraine) by the trade mark holders or their authorised licensees.
11. Appeal 11.1 Appellate Procedure
Both trade mark and copyright infringement decisions can be appealed with the appellate court. The state - ment of appeal must specify what violations of proce - dural law norms or incorrect applications of substan - tive law norms have occurred and led to the issuance of an erroneous decision. 11.2 Timeframes for Appealing Trial Court Decisions An appeal must be filed within 30 days (or within 20 days for commercial courts) of the judgment date. This term may be extended due to a compelling reason. Appeal proceedings normally last from four to 12 months before a decision is issued. A Concept of AI Development was approved by the Cabinet of Ministers of Ukraine in 2020, and outlines the goals, principles and tasks guiding efforts in the emerging field of AI. According to the Concept, the utilisation of AI is permissible only when it upholds the supremacy of law, fundamental human and citi - zen rights and freedoms, and democratic values, and ensures appropriate guarantees for the use of AI tech - nologies. At the beginning of 2024, the Ministry of Digital Trans - formation of Ukraine, in collaboration with its part - ners and relevant experts, developed guidelines for the responsible use of AI in the media. The aim is to familiarise Ukrainian journalists with current interna - tional best practices in this area. 12. Additional Considerations 12.1 Emerging Issues
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