On January 1, 2023, the updated Law on Copyright and Related Rights, adopted by the Parliament of Ukraine, entered into force. A number of related laws entered into force and amended, in particular the Civil Code, the Economic Code, the laws On publishing, On cinematography, On the protection of economic competition, On touring events in Ukraine, On theaters and theatrical activities, On electronic commerce, On television and radio broadcasting, the Code of Administrative Offenses, the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine regarding liability for copyright infringement.

The new version of the law improves the legal regulation of issues related to the exercise and protection of personal non-property and property rights of subjects of copyright and related rights, including:

  • harmonization of the provisions of the Civil Code of Ukraine, the Law On Copyright and Related Rights with the legislation of the European Union in the part related to ensuring reliable legal protection of copyright and related rights;
  • elimination of gaps in the current legislation that prevent the implementation of certain provisions of the current legislation, in particular in the part of ensuring the exercise of the right of surveillance;
  • improvement of the current legislation in terms of solving issues that arise in practice and are related to the implementation and protection of copyright and related rights.

From now on, intellectual property rights on a work are valid for the lifetime of the author and after his death are valid for 70 years and are extended for a period until the end of the calendar year in which these property rights expire.

The new law does not contain articles that provide for the use of performances, the use of phonograms, and videograms, which are now covered by related rights. Therefore, the rights of performers and producers of phonograms (videograms) are limited, they remain without the right to allow or prohibit the use of their objects of rights.

The penalty for copyright violations is significantly increased. Thus, illegal use of an object of intellectual property rights or other intentional violation of intellectual property rights protected by law entails the imposition of a fine from 850 to 5,100 UAH with the confiscation of illegally manufactured products and equipment and materials intended for their manufacture.

Reproduction, use, and distribution of works of science, literature, and art, computer programs and databases, and other works, as well as illegal reproduction, use, and distribution of performances, phonograms, videograms and language programs, their illegal duplication and distribution on audio and video cassettes, diskettes, other media, camcording, cardsharing or other intentional violation of copyright and related rights, as well as financing of such actions, if it caused material losses in a significant amount – entails the imposition of a fine from 5,100 to 17,000 UAH or restriction or deprivation of liberty for a period of 2 years.