Filinovych V. Website as a special object of intellectual property rights.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U001100

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

29-12-2015

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis analyzes legal aspects of the position of the website as a special object of intellectual property, special attention is given to the notion of the term and related categories. Author's research is based on the analysis of international documents, laws of foreign states, judicial and arbitration practice, and the legislation of Ukraine in the sphere of regulation of relations on Websites. It is especially clarified in the thesis that website is as a copyright object and it highlights the contradictions in the provisions of the Ukrainian legislation. Author has analyzed the specifics of protection of websites in the United States, as well as the individual EU member states, particularly the United Kingdom, France, Spain, Italy and Germany; as an example of cases analyzed requirements for asset protection procedure stipulated by the legislation of those States. Proposals for improving the legislation of Ukraine concerning the legal regulation of websites were also given by the author. The author proposed to amend the Civil Code of Ukraine by adding to it specific principles for the division of responsibilities of information owners, owners and users of the website for violation of intellectual property rights on the web. Because of the absence of sufficient regulation of the studied areas in the Ukrainian legislation, the author considers it appropriate to make following amendments to the current legislation. First of all, amend the list of copyright objects defined in ch. 1, Art. 8 of the Law of Ukraine "On Copyright and Related Rights" with an object "website". Next step - is to amend Art. 1 of the Law of Ukraine "On Copyright and Related Rights" with the definition of a Web site as "a set of software and hardware, as well as semantic content that form a single object of intellectual property and is placed on the server and user access to them is possible through the online "transition" using a unique address on the Internet ("domain name"). The author proposes to create a special regulation, which will be attached to rules and regulations on the registration of the domain name and to set stricter rules than the existing one as for the registration of domain names. Also the author finds it necessary for government to enact a special registry of data objects and their owners of intellectual property rights. Because it can help to develop monetization lawfully placed on the website content (in the case of electronic resources, which contain literary, audio and video files, etc.) . The author see two ways as to the development of legal regulation of these relations: adding to special legal acts regulating relations with relevant provisions that could regulate certain aspects, the need for legislative regulation which occurs from time to time; or the creation of a comprehensive legal act which should contain provisions regarding the regulation of specific websites, their creation, operation, and use, thus greatly facilitating the consideration of dispute resolution in the field. This piece of legislation could be realized in the law of Ukraine "On the Website", which would contain a list of rights and responsibilities of relevant relationships, means of dispute settlement, the requirements for drawing up relevant agreements and rules of domain registration names. Eliminating these gaps in the legislation and implementation of the above recommendations will improve the legal regulation of relations on Website and will help to perpetuate in the minds of citizens the existence of protection of their creative expressions, and this, in turn, promote the rapid development of the creative potential of the population and strengthening Ukraine as a progressive state and its people - as information developed.

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