UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
• use of the trade mark in commerce when it is necessary to indicate the intended purpose of a product or service – for example, as acces - sories or spare parts (descriptive use); • use of the trade mark in comparative adver - tising; • non-commercial use of the trade mark; • all forms of broadcasting news and com - menting on news; • fair use of names or addresses of other per - sons; • use of the trade mark in comparative adver - tising and not associated with unfair business practices; and • the exclusive right of the owner of a trade mark certificate containing a geographical indication to prohibit other persons from using the registered trade mark without their consent does not apply to the fair use of the respective geographical name by other persons. For more details, contact a local attorney. Additionally, a counterclaim may be filed as a defensive strategy to invalidate an earlier reg - istered trade mark or to cancel its registration due to non-use. 9.2 Defences to Copyright Infringement (Fair Use/Fair Dealing) The Copyright and Related Rights Law provides the following exhaustive list of fair uses/fair deal - ings (without the copyright holder’s permission and free of charge, but with attribution to the author and source): • quotations, including translations, from legally published works such as newspaper articles can be used in press reviews if they serve a critical or informational purpose and are clearly marked as quotations;
• legally published articles and short works, including excerpts from various works, can be reproduced digitally for educational or research purposes, with no commercial benefit and where usage is aligned with the intended educational or research goal; • educational institutions may reprographically reproduce legally published articles and other short works for teaching, provided the repro - duction is limited to educational purposes and is not systematic; • digital reproduction and access to legally published short works and excerpts for remote learning are allowed, with protective measures against unauthorised access; • 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 pub - licly accessible exhibitions, auctions, fairs or collections is permitted, as long as the cata - logues 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 it serves the intended purpose; • lawfully published literary, artistic, musical and other works may be used to create pas - tiche, 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);
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