Termination of copyright and related rights violations with the use of the internet / Take-Down Notice

In relation to which objects of copyright and/or related rights (hereinafter - Objects) can be applied the procedure of termination of violations of copyright and related rights using the Internet

Digital content – any information or data in electronic (digital) form that contains Objects and can be stored and/or distributed in the form of one or more files (parts of files), records in a database on computer storage devices computers, servers, etc. on the Internet.

So, in fact, we are talking about all the currently existing Objects.

Grounds for appeal

The basis for the appeal of the subject of copyright or the subject of related rights (hereinafter - the Applicant) with a statement to stop the violation is a violation of copyright and/or related rights committed using the Internet.

Subjects of appeal

The applicant can be a subject of copyright / subject of related rights, other natural or legal persons who have exclusive property rights to the work on the basis of a deed or law.

Participation of a lawyer or patent attorney is mandatory

The applicant applies for termination of the infringement exclusively through the representation (mediation) of a lawyer or a representative in intellectual property matters (patent attorney) under the following conditions:

The applicant is a legal entity;
The applicant applies to a hosting service provider that provides services and/or resources to host the relevant website.

The applicant (applicant's official) is responsible for providing knowingly false information regarding his possession of property rights to the Object, the violation of which is referred to in the application.

Who to contact

With a statement on the termination of infringement of copyright and/or related rights:

to the owner of the website (the person who is the owner of the account and establishes the order and conditions of use of the website, or the registrant of the corresponding domain name, under which the website is accessed, and/or the recipient of hosting services (in the absence of evidence to the contrary);
to the owner of the web page (the person who is the owner of the account used to host the web page on the website and who manages and/or hosts the digital content within such web page);

With a statement to terminate the infringement of copyright and/or related rights committed by the owner of the website - to the hosting service provider that provides services and/or resources for hosting the website in question.

Procedure for termination of copyright and related rights violations using the Internet

The procedure for termination of infringements of copyright and related rights using the Internet, provided for by the legislation of Ukraine, established the possibility of submitting the following applications (hereinafter collectively - the Application):

Statements to stop infringement of copyright and/or related rights;
Statements to cease infringement of copyright and/or related rights committed by the website owner.

A statement on termination of infringement of copyright and/or related rights must contain:

information about the Applicant, necessary for his identification;
the type and name of the Objects, other information that makes it possible to identify the object;
a reasoned statement, specified in the relevant Application, that the Applicant has property rights to the Object or exclusive rights to use such an Object;
hyperlink to the Object placed or otherwise used on the website (web page);
a request to the website owner to disable access to digital content on the website and/or a request to the website owner and the content sharing service provider to prevent them from further placing the specified digital content on the website;
information about the hosting service provider, which provides services and/or resources for placing the relevant website or their parts on the Internet and providing access to them via the Internet;
the Applicant's assertion that the information provided in the Application is reliable, and the Applicant's possession of the claimed rights has been verified by a lawyer or intellectual property representative (patent attorney), on whose behalf (through) the application is submitted.

A notice of termination of infringement is sent to the owner of the website and/or web page, with a copy also sent to the hosting service provider that provides services and/or resources to host the website in question.

Grounds for refusal to accept the Application by the owner of the website (web page)

The owner of the website and/or web page may refuse to fulfill the requirements set out in the Application if:

he has the right to use the digital content specified in the Application and has provided documentary evidence that he has the appropriate property rights or authority;
The application was made in violation of the requirements.

If the Application is rejected on the above-mentioned grounds, the owner of the website (web page) within 48 hours from the moment of its receipt, sends a notification of rejection to the Applicant, as well as to the hosting service provider.

Responsibilities of the website owner

In the absence of a reason for refusing to accept the Application, the website owner must immediately ( no later than 48 hours from the moment of receiving the Application ) disable access to the digital content for which the Application was submitted and provide the Applicant and the hosting service provider with information about the activities

If the Application is refused, within 48 hours, it is necessary to send a corresponding message:

To the applicant;
hosting service provider.

The rejection notice must contain the following information:

information about the owner of the website;
indication of the digital content to which access is denied;
indication of the reason for refusing to accept the Application.

Actions of the website owner if he is not the owner of the web page on which the digital content is hosted

The website owner must immediately (no later than 24 hours after receiving the Application):

send a copy of the Application to the owner of the web page;
send the Applicant a message in which he informs that he is not the owner of the web page, indicates the time of sending a copy of the Application to the owner of the web page and provides a hyperlink to the terms of the public deed, which defines the rules for the use of the website by third parties;
within 24 hours of receiving a response to the Application from the owner of the web page, sends it to the Applicant and the hosting service provider;
prevent access to the digital content specified in the Application (if within 48 hours of sending the Application to the owner of the web page, the owner of the web page has not sent a notice of refusal to the owner of the website). The website owner shall notify the Applicant and the hosting service provider of the measures taken within 96 hours from the moment the website owner receives the Application;
access to the digital content is not blocked if the website owner has received (within 48 hours of sending the application to the owner of the web page) from the owner of the web page a notice of refusal executed in accordance with the law. At the same time, the website owner is obliged to send the Applicant a copy of the rejection notice no later than 96 hours after the website owner receives the Application.

Responsibilities of the web page owner

In the absence of a reason for refusing to satisfy the Application, the owner of the web page must immediately ( no later than 48 hours from the moment of receiving the Application ) disable access to the digital content for which the Application was submitted and provide the Applicant and the hosting service provider with information about measures taken

If the Application is refused, within 48 hours, it is necessary to send a corresponding message:

To the applicant;
hosting service provider.

The rejection notice must contain the following information:

information about the owner of the web page;
indication of digital content to which access is denied;
indication of the reason for refusing to accept the Application.

The owner of the web page considers the Application received from the owner of the website and is obliged to provide a response to the owner of the website in the manner and within the time limits established by law, indicating a hyperlink to the web page on which the corresponding digital content is placed. At the same time, the owner of the web page exercises the rights and fulfills the duties established by law for the owner of the website.

Contact your hosting provider directly

The applicant has the right to apply immediately directly to the hosting service provider under the following conditions:

if the owner of the website did not perform or did not perform in full the actions required by law (did not prevent access to digital content, did not send a notice of refusal) or if the owner of the website who is not the owner web pages, did not perform or did not perform to the full extent the actions related to the performance of their duties;
if the website and public domain name record databases (WHOIS) do not have information about the owner of the website to the extent that it is possible to contact him with an Application (information about the e-mail address for contacting the owner website) and other information, the placement of which is provided for by law, namely :
full name or designation of the website owner and hosting service provider;
full residential address or location of the website owner and hosting service provider;
contact information of the owner of the website and the hosting service provider, including an email address, a telephone number, by which they can be quickly contacted ( Individuals who are not business entities only post this information in freely accessible on the websites they own or in public domain name records (WHOIS) databases).

The application for termination of the violation committed by the owner of the website must contain justification for the existence of grounds for contacting the hosting service provider.

Reasons for the hosting service provider to leave the Application without consideration

The application does not meet the requirements established by law ;
the hosting service provider does not provide services, resources for hosting the website for which the Application is submitted;
The applicant contacted the hosting service provider in the absence of grounds provided for by law.

The hosting service provider informs the Applicant about leaving the Application without consideration, indicating the relevant legal grounds, within 24 hours from the moment of its receipt.

Responsibilities of the hosting service provider

In the absence of grounds for leaving the Application unconsidered, the hosting service provider must immediately (no later than 24 hours after receiving the Application) send a copy of the Application to the website owner. By sending a copy of the Statement to the website owner, the hosting service provider must explain to the website owner his rights and obligations related to such a statement, as well as the legal consequences of his failure to take the actions provided for in this article.

The website owner within 24 hours of receiving a copy of the website owner's termination notice from the hosting service provider:

makes it impossible to access the digital content for which the Application was submitted; or
informs about the rejection of the Application, and informs the hosting service provider about this by sending a notice of the measures taken in accordance with the requirements of the law.

If within 24 hours from the moment of sending a copy of the Statement to the website owner, the website owner has not taken the legally prescribed actions, the hosting service provider will independently disable access to the digital content specified in the Statement (at the same time, if access to the digital content cannot be prevented for technical reasons, the hosting service provider may prevent access to the web page that contains the relevant digital content).

The hosting service provider notifies the Applicant and the website owner of the measures taken within 48 hours from the moment the hosting service provider receives the Application.

The provider of hosting services is obliged to provide in the contract for the provision of hosting services the conditions and rules that prohibit service customers from taking actions on the placement of digital content in violation of copyright and/or related rights of third parties, and also oblige service customers to indicate reliable and correct information about oneself, including one's contact data, and in case of their change, to inform about it immediately in the manner specified by law.

The hosting service provider restores access to digital content on the tenth working day from the date of sending the Applicant a copy of the notice of refusal from the owner of the website (web page), if during this time the Applicant has not provided him with confirmation of the initiation of legal proceedings for the protection of his rights on the Object, placed as digital content, in respect of which the Application was submitted.

What you need to start protecting your rights:

provide information about the owner of rights to the Object;
conclude an agreement on the provision of legal assistance;
provide the Objects, the rights of which have been violated, and their name;
confirm the availability of property rights to the Object / exclusive rights to use the Object;
provide a hyperlink to the website (web page) of the infringer.

Free consultations on the protection of intellectual property rights

We provide consultations on procedures for the protection of intellectual property rights in Ukraine and abroad, as well as written materials.

The following are provided free of charge:

The first 15 minutes of an oral consultation regarding procedures for the protection of intellectual property rights;
Standard written materials regarding procedures for the protection of intellectual property rights.

In most cases, free consultations and basic written materials are enough to make a decision to start working with us.

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