Why fileshares are illegal

An Expert's View about Intellectual Property in Ukraine

Posted on: 15 Mar 2012

In the light of the closure of the largest file storage systems in Ukraine (Infostore.org, Eх.uа, Upload.com.ua) the joint research of the Investment and Trade Foundation (ITF) and Cai & Lenard Law Firm on the protection of intellectual property in the Internet becomes actual.

The research shows why owners of websites become liable even when the violation was commited by the user who had loaded illegal content; reveals interesting features of the corresponding national court proceedings and international disputes resolution. The research also presents a model action plan for the cases of violations of intellectual property rights in the Internet.

The research was conducted in the end of 2011 – beginning of 2012, and includes analysis of the Ukrainian and international dispute resolution practice relating to the intellectual property rights in the Internet. The analysis includes, inter alia, more than 170 legal suits and statistics of the WIPO Arbitration and Mediation Center and the National Arbitration Forum of the USA.

According to one of the authors of the project, the Senior Lawyer of Cai & Lenard Elena Zaitseva, “understanding of responsibility and possible consequences for users and owners of Internet sites is useful not only because of the latest events with the “pirate” websites, but for the purpose of protection of the legal rights to all types of works, would it be an article or a full-length film.

The full text of the research on the ITF web site: http://inve-trade.eu/index2.php?option=com_resource&task=show_file&id=386

Investment and Trade Foundation (ITF) - is the research, information, and expert center in the field of international trade and investment in Ukraine. 

Cai & Lenard Law Firm was founded in Kyiv in 2010. Key practices of the firm are commercial law, arbitration and legal support of investment projects.

Posted: 15 March 2012

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Cai & Lenard

Commercial Law, Arbitration