Ukraine must create a modern system of copyright protection – Dmytro Shymkiv


Chairman of the Darnitsa Group board of directors Dmytro Shymkiv draws attention to the fact that nowadays Ukrainians prefer registering patents abroad.

At the moment, Ukraine is in 56th place in the world innovation rating and the tendency to lag behind world leaders persists. Explaining the reasons for this state of affairs, the head of the Darnitsa Group board of directors Dmytro Shymkiv at the live program “Double Standards” on radio NV noted that Ukraine is in dire need of a modern system of copyright protection. Only such measures can preserve scientific and technological potential and will contribute to further development. According to him, today we have a situation when scientists and developers from Ukraine, as a rule, either work under a contract for foreign companies, or register their patents in those states where intellectual property rights are protected according to the world standards.

Creation of an appropriate legal framework has an essential meaning for the protection of copyright. The most interesting patents are registered mainly in those countries where there is serious legal protection.

Drawing on many years of his personal experience in the field of research, Dmytro Shymkiv also compared the life achievements of scientists here and abroad. In the Soviet Union there sure were scientists who worked and created unique things. However, these inventions did not bring them material well-being. In other countries, for example, the USA, Japan, China, the authors of innovative products register a patent and subsequently receive royalties from companies that have used this invention. This provides scientists with the means necessary for living, and they can safely continue their scientific activities.

Ukraine is one of the countries with huge scientific potential. There are a lot of high-level IT specialists and professionals in other fields who can create innovative products and develop new technologies. If the state is interested in improving the local innovation climate, then it must create an environment where scientists and other specialists will not need to travel abroad to reap the fruit of their labor. We are talking about ensuring the legal protection of intellectual property rights.

The chairman of the board of directors also noted the deep negative impact that the coronavirus pandemic and quarantine restrictions had on the Ukrainian economy, as in some of its sectors revenues decreased by up to 80%. In order to “survive”, a business needs to adapt, namely, to look for other ways of cooperation with clients, to introduce innovations and digital technologies. Shymkiv recalled that the crisis caused by the pandemic has already accelerated the implementation of the solutions that were previously only at the stage of discussion. It is predicted that digital platforms, instant messengers and chats, as well as delivery services will continue to thrive next year. If the quarantine is extended, many industries will still struggle with difficulties. First of all, we are talking about construction, developers and the office real estate sector.

Dmytro Shymkiv highlighted the fact that in the United States, from the very beginning, the Constitution protected intellectual rights, which proves the fundamental importance of this value for America. In Ukraine, programmers, having received a patent, are forced to register it in other countries where there is proper legal protection.

The Office of the US Trade Representative issued a Special 301 Report in April 2021, which is an annual review of the intellectual property rights situation. Ukraine is included into the Priority Watch List. This list also includes countries such as Argentina, Chile, China, India, Indonesia, etc. All of them are united by the lack of an effective system of measures to protect intellectual property rights.

It is encouraging to see certain positive shifts in this direction. In particular, Ukraine has taken some measures aimed at improving legislation in this area.

In the summer, amendments were made to the Code of Administrative Offenses by a resolution of the Cabinet of Ministers of Ukraine concerning strengthening of liability for copyright infringement on the territory of Ukraine. Now the law imposes a fine in the amount of 50 to 300 non-taxable minimums, as well as confiscation of products in the event of illegal use of the object of intellectual property rights or detection of plagiarism. In addition, one can also be held liable for deliberate financing of violations of copyright and related rights.

Such changes in legislation contribute to the approximation of Ukraine to the EU standards in the legal field, in particular to the implementation of those norms that ensure the protection of copyright and related rights.



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  1. Pingback: Ukraine must create a modern system of copyright protection - Dmytro Shymkiv - Gary Skentelbery OPUS IP Patent Agents/Attorneys Manchester Stockport North-west UK

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