UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
• reproduction in the State Register of copy - right registration certificates and the State Register of copyright-related contracts; • recording of works for short-term use by broadcasting organisations for their own programmes, with the right to public dissemi - nation; and • production of copies of works from lawful sources 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 inter - sects 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. 9.3 Exhaustion The Trade Mark Law does not explicitly deter - mine 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 wors - ened 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 provides a national exhaustion regime for works. If copies of the work have been lawfully intro - duced into civil circulation by their first sale in Ukraine, further alienation of these copies with - out the consent of the copyright 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.
10. Remedies 10.1 Injunctive Remedies
Preliminary injunctions are available either before filing a claim or at any stage of the case if failure to take such measures may significantly compli - cate 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 copyright certificate, namely prohibiting transfer of rights, abandonment of a disputed trade mark and granting of rights to use a dis - puted 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 infring - er is obliged to compensate the owner for any material damage through reimbursement of losses or payment of compensation, and for any non-material (moral) damage caused. The amount of damages is determined by the court, taking into account the profits lost by the trade mark owner or income gained by the infringer as a result of the rights infringement.
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