Soroka N. The international legal protection of copyright in the European Union.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U005249

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

29-08-2016

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis analyses in details the international legal protection of copyright, institutional mechanism and legal framework of the protection of copyright in the European Union (EU). In particular, it investigates the evolution, current state of copyright law and major trends of the protection of copyright at the international level. What concerns the international treaty and institution mechanisms of the protection of copyright the World International Property Organization (WIPO) plays a key role as global forum for intellectual property services, policy, information and cooperation. Furthermore, the activities of UNESCO and other UN specialized agencies in the field of copyright are analysed. In this context a special attention is paid to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) which introduced intellectual property (IP) rules into the world trading system. Considerable attention is paid to the study of the sources of EU law on copyright and related rights from the moment EEC was established and till now. The primary law consisting mainly of the founding Treaties sets the general principles for determining European policies on copyright and related rights. Upon the entry into force of the Lisbon Treaty the EU the IP rights fall within the exclusive competence of the EU. Secondary legislation comprising the binding legal instruments such as EU regulations and directives should be considered as the main source of EU law on copyright. The thesis analyses a well coordinated cooperation of EU institutions in the field of copyright and related rights, including the European Parliament, the Council, the European Commission, the European Council, the Court of Justice of the European Union (CJEU), EU advisory bodies and agencies. A special attention is paid to the European Union Intellectual Property Office (EUIPO - OHIM until 23 March 2016) responsible for managing the EU trade mark and design. Obviously, the European Commission plays a leading role in the processes of the substantive EU copyright law harmonisation. Its activities consist in publishing green and white papers, preparing proposals for EU directives in the field of copyright, analysing their effects, drawing up periodic reports on the actual application of the directives in the member states as well as seeking that member states timely, fully and correctly implement them as part of their national laws. The thesis specifically demonstrates that the forms, methods and terms of implementation of EU copyright directives depend on the particular characteristics of legal systems and cultures of members states. With regard to the CJEU the thesis emphasizes the importance of "the specific object of protection" and "copyright exhaustion" principles established by the CJEU during first EEC decades when IP rights were beyond the competence of the European institutions. The thesis also points to the active role the CJEU is taking these days in interpreting EU copyright directives, particularly Information Society Directive. The thesis further deals with topical issues relating to the fulfilment of international obligations by Ukraine in the framework of the Ukraine-EU Association Agreement with regard to the implementation of EU laws in the field of IP rights. A special attention is paid to the current status of implementation the Association Agreement, specifically the measures taken by the Ukrainian government and central executive bodies. The thesis provides an overview of the legislative initiatives in the field of combatting the widespread online infringement of copyright, effective administration of collective management as well as IP rights enforcement in compliance with European standards. Also, the thesis summarizes the studies of the European and international experts and provides recommendations for an appropriate approximation of the Ukrainian legislation on copyright to that of the EU and reforming intellectual property system in Ukraine.

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