Ukraine Commits to Piracy Crackdown, Draws Up Blacklist, Joins WIPO ALERT

[HARDY]

Following an announcement by the Ministry of Economy of Ukraine in February, the Ministry of Justice has registered an order that will see Ukraine become a full participant in the World Intellectual Property Organization's WIPO ALERT initiative. In common with its counterparts, Ukraine will maintain a list of pirate sites that advertisers will be required to boycott. The order also provides for administrative liability for companies that fail to adhere to the rules.

After more than two years of incalculable losses following Russia’s full-blown invasion in 2022, Ukraine continues to defy the odds as it fights for the right to exist as an independent state.

With no obvious end in sight and politics in the United States undermining offensive capability, Ukrainian gains are being reversed in several front line regions, a situation predicted to further deteriorate later this year.

Yet for a country being consumed by war, Ukraine is still taking time to plan for a future in the EU. In that respect, matters related to intellectual property require the closest attention.

Ukraine Pushes Ahead With Copyright Reforms

After progress was reported in 2023, Ukraine’s Ministry of Economy issued an order dated February 1, 2024, titled: “On Approval of the Procedure for Formation and Maintenance of the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights.”

On March 11, 2024, the Ministry of Justice registered order 357/41702 and on March 21, 2024, it was adopted by the Ministry of Economy.

This will see Ukraine become a full participant in the World Intellectual Property Organization’s WIPO ALERT program, which operates around a centrally-maintained database of piracy platforms nominated by rightsholders in participating countries.

Ukraine Sees Future in Europe, WIPO Invests in Russia

Sites and services listed on WIPO ALERT should in theory find it much more difficult to fund their activities through advertising revenue. Ukraine views its participation in the program as a positive step in its bid for closer ties with the EU.

“Despite the challenges of a full-scale war, we are making every effort to protect copyright and related rights on the Internet for Ukrainian and foreign intellectual property rights holders,” says Yuliia Svyrydenko, First Deputy Prime Minister of Ukraine and Minister of Economy.

“Ukraine has become one of the first countries in the world to comprehensively implement a relevant mechanism based on a secure online platform where authorized member states of the World Intellectual Property Organization can upload information about websites and applications that infringe copyright from the point of view of national norms. This is also a confident step towards Ukraine’s European integration.”

Yet despite its invasion of Ukraine and threats to Western intellectual property, WIPO continues to operate an office in Moscow and provide funding for projects in Russia.

That drew a fiery response from Ukraine last summer, which criticized the allocation of significant funds to a country “which blatantly violates WIPO principles and its statutory obligations” and does not “deserve the privilege to host a WIPO Office.”

Ukraine is the 15th country to join the WIPO ALERT program, following recent additions Uzbekistan and the Philippines. Currently just seven countries allow searching of their databases. They include Italy, Russia, Spain, Peru, Ecuador, Lithuania and Greece.

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