Intellectual Property Inspectors – within MEDT (Ministry of Economic Development and Trade of Ukraine)

Intellectual Property Inspectors – within MEDT (Ministry of Economic Development and Trade of Ukraine)

Seven officials within MEDT were appointed government inspectors in charge of intellectual property issues pursuant to a relevant order dated 27 March 2019. The names there listed were as below: Valery Zhaldak Director, Intellectual Property Department, Bohdan Paduchak, Deputy Director of the Department, Oleksiy Ardanov, Viacheslav Gavrylchyk, Inna Dmytrenko, Heorhiy Kanunikov, and Oksana Yarmolenko.

Thus the long awaited intellectual property protection mechanism for ua-net stipulated in the Law of Ukraine “On Film Making Support by State in Ukraine” would at last become operative. Whereas the said Law passed as far back as 2017 had stipulated the relevant antipiracy norms and standards, they were not fully implemented by now. Despite the fact that such inspectorate had been provided for in Ukraine’s Code on Administrative Violations ( Para. 10, Part 1, Art.255) prescribing the rights for the inspectors to complete reports on infringers in the intellectual property sphere, the process somewhat slowed down owing to the staffing shortfall. It was due to the delay in the Law adoption that the Intellectual Property State Service was dissolved and its functions were transferred to MEDT where the Intellectual Property Department was established without any persons effectively in charge for the issue.

“We are happy about the progress within the METD Intellectual Property Department”,comments Kateryna Fedorova, Head, Clear Sky Anti-Piracy Initiative.

Re-emergence of the intellectual property inspectors give renewed hopes to those who resist the pirate sites and try to fight content thefts thus expecting that from now on their efforts would become an effective barrier for the pirates and a stronghold in winning the fight.

“We are eager to see the inspectors kicking off their battle so as to fully execute authorities vested in them. We do expect that the staff would be permanent , we are also open for cooperation and ready to give a hand in our shared cause”,says Oleksandr Paputsia , Lawyer for Smartsolutions Law Group.

Igor Mykhailov, Deputy Head, Ukraine’s Anti-Piracy Association, expects that “It is only now that the procedures stipulated in the Law of Ukraine on Copyrights and Related Rights (and namely in Art.51-52 thereof) would be comes truly operative. Moreover, the ua-net piracy would be subject to decrease while inspectors are entitled to hold infringers liable for administrative crimes if they don’t response to relevant statements by rightholders in case of copyrights infringement in ua- net.”

“It is only logical and obvious that effective mechanisms aimed to defeat piracy are of primary importance to us as right holders. The absence of infringement records made it impossible to hold pirates liable”,sums up Anatoliy Maksymchuk, Deputy Director General, Director for Legal Issues , StarLightMedia (TV Channels, such as CTB, Novy, ICTV, M1,M2, Otse). “At the same time we are aware of the fact that this institution efficiency and effectiveness would depend upon the Ministry of Economic Development and Trade and its ability to get its act together. We do hope that the system “rebooting” would contribute to a more effective protection of the intellectual property rights in this country.”