WIPO ALERT initiative in Ukraine – what copyright and related rights holders should know
The Procedure for the Formation and Maintenance of the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights (the "Procedure") came into force on 21 March 2024.
With this step, the government has addressed two issues at once:
- the procedure for adding websites with infringing content to the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights
- the procedure for adding websites with pirated content to the international WIPO ALERT Data Exchange Platform.
What is WIPO ALERT?
WIPO ALERT is an online platform where authorised bodies of the World Intellectual Property Organisation member states can upload information about websites containing copyright and/or related rights infringements.
In Ukraine, the inclusion of a website in WIPO ALERT is directly related to the inclusion of a website in the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights (the "List").
Inclusion in the List is made upon request of the copyright and/or related rights holder through its representative (attorney or patent attorney) to the state organisation "Ukrainian National Office for Intellectual Property and Innovations” (the "IP office").
What are the implications of including a website with pirated content on the List?
In addition to reputational damage to the website and its owner, inclusion in the List results in a complete ban on advertising on such website (violation of such ban results in a finefollowing the procedure provided for by the Law of Ukraine "On Advertising”).
In addition, information about the owner of a website with pirated content may be transferred to payment systems (VISA, MasterCard) to complicate payments to the owners of such websites.
The inclusion in the List and further inclusion in the WIPO ALERT system provide for the international exchange of information on websites containing pirated content and their owners.
Algorithm for inclusion of a website with pirated content in the List
To submit a request for inclusion in the List, the applicant’s representative will have to submit to the IP office an application for inclusion of the infringer’s website in the List, as well as related information, in particular, certifying the applicant’s intellectual property rights to copyright/related rights objects.
The request to include of a website in the List is filed for one website at a time.
Examination of a request by the IP office
The request is considered free of charge within 30 calendar days from the date of its receipt.
Within 15 calendar days from the date of receipt of the request, the IP office is entitled to send a notice to the applicant requesting additional documents/information andeliminating of the identified deficiencies in the requested documents and materials.
If the website owner’s contact details are established, the IP office will notify them with a proposal to explain the submitted request.
Within ten calendar days from the date of receipt of the notification, the website owner may submit explanations, documents and materials about the request’s content to the IP office.
In case of a positive conclusion on including a website in the List, the Ministry of Economy includes information about the relevant website in the List and posts information from the national List on the WIPO ALERT platform.
The owner of a website included in the List may apply to have the website excluded from the List or appeal against its inclusion in the List in court.