UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
Effective Management of Property Rights of Rights Holders in the Field of Copyright and (or) Related Rights, which provides for voluntary col - lective rights management, based on an agree - ment between the rights holder and the respec - tive organisation, as well as for mandatory rights management in cases stipulated by the Copy - right and Related Rights Law. There are several different collective rights man - agement organisations in Ukraine that collect royalties on behalf of their members, depend - ing on the field of creative activity and types of objects, as well as collective rights manage - ment organisations authorised by governmen - tal authority for collecting royalties in cases of In Ukraine, a copyright in a work arises from the fact of its creation. For the establishment and exercise of copyright, registration of copyright or any other special formalities is not required, nor are any other special formalities. However, registration of the copyright is possible. The author may register their copyright in the respective state registry to authenticate their personal moral rights and/or property rights to the work (whether published or unpublished), as well as the fact and date of its publication and the acquisition of property rights under a contract or law. Each party to the contract con - cerning property rights to the work is entitled to register the contract in the IP Office, which issues a certificate for copyright registration and a decision on contract registration. mandatory rights management. 3.7 Copyright Registration A copyright holder may use the copyright pro - tection symbol © to indicate their ownership rights. This symbol should be accompanied by the name (or legal entity name) of the copyright
holder and the year of the work’s first publica - tion. 3.8 Copyright Application Requirements The state registration of copyright and agree - ments relating to the author’s rights to the work is carried out in accordance with the Rules adopted by the Ministry of Economy of Ukraine. The following documents and information are required: • an application, according to the established form; • a copy of the work; • a document confirming the fact and date of publication of the work (if available); • a document on the payment of the estab - lished fee; • a document confirming the authority of the representative (if the application is filed with the participation of the applicant’s repre - sentative); • a certificate of inheritance rights, if the appli - cation is filed by an heir; • documents confirming the creation of a work for hire in connection with the performance of duties by an employee – for more details, contact a local attorney; and • documents confirming the transfer and own - ership of such rights, if the application is filed by the customer. The official fee for copyright registration is estab - lished by the Cabinet of Ministers of Ukraine, and may vary between EUR6 and EUR13 depending on the status of the person who has filed the application (an individual or a legal entity). 3.9 Refusal of Registration The IP Office may issue a refusal to copyright registration if:
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