UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
ing marks from the products and/or packag - ing. In some instances, it may be necessary to obtain samples of the counterfeit products and prepare an expert report. Per applicable customs regulations, seizures should not apply to genuine goods manufac - tured with the consent of the rights-holder or by a person authorised by the holder. Therefore, customs officials typically do not suspend the clearance of parallel imports. Both trade mark and copyright infringement decisions can be appealed with the appellate court. The statement of appeal must specify what violations of procedural law norms or incor - rect applications of substantive law norms have occurred and that led to the issuance of an erro - neous 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 com - pelling reason. Appeal proceedings normally last from four to 12 months before a decision is issued. 12. Additional Considerations 12.1 Emerging Issues A Concept of AI Development was approved by the Cabinet of Ministers of Ukraine in 2020, and 11. Appeal 11.1 Appellate Procedure
outlines the goals, principles and tasks guiding efforts in the emerging field of AI. According to the Concept, the utilisation of AI is permis - sible only when it upholds the supremacy of law, fundamental human and citizen 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 Transformation of Ukraine, in collaboration with its partners and relevant experts, developed guidelines for the responsible use of AI in the media. The aim is to familiarise Ukrainian jour - nalists with current international best practices in this area. 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 protect - ed for 25 years under a sui generis right. This move likely reflects the evolving 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 copyright decisions in Ukraine pertaining to AI. However, according to a ruling by the Supreme Court issued in February 2024, the use by a par - ty in a dispute of an “opinion” generated by an AI system regarding an issue already considered by the court can be interpreted as an abuse of procedural rights and as a display of disrespect for the judicial system. 12.2 Trade Mark and Copyright Use on the Internet Online platforms and ISPs in Ukraine typically follow a notice and takedown procedure. Copy -
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