A new Law on Copyright and Related Rights entered into force in Ukraine on January 1, 2023. This is the first major copyright legislation change in Ukraine since 1993, introducing numerous important changes. Most of the novelties are intended to harmonize local legislation with that of the EU. The new law meets modern requirements and international standards and is, in some provisions, even ahead of the current practice in Ukraine, which is why interpreting it from a practical point of view might require time and effort. Below is the summary of the most important changes:
Originality
The new law introduces originality as a protectability requirement. The previous law did not include a definition of originality, while the new law defines it as a feature that characterizes a work created as a result of the author’s creative intellectual activity reflecting the innovative solutions offered by the author during the creation process. In other words, a work is deemed protectable if it is created as a result of the author’s own creative intellectual activity. Read more