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ORDER OF THE MINISTRY OF ECONOMICS OF UKRAINE

of February 1, 2024 No. 2945

About approval of the Procedure for forming and maintaining the national list of the websites causing concern on respect for intellectual property rights

According to part ten of article 8 of the Law of Ukraine "About advertizing" and the Regulations on the Ministry of Economics of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 (in edition of the resolution of the Cabinet of Ministers of Ukraine of February 17, 2021 to No. 124), I ORDER:

1. Approve the Procedure for forming and maintaining the national list of the websites causing concern on respect for intellectual property rights which is applied.

2. In accordance with the established procedure to submit to management of intellectual property and innovations this order on state registration to the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the deputy minister of economy of Ukraine according to distribution of obligations.

Approved by the Order of the Ministry of Economics of Ukraine of February 1, 2024, No. 2945

Procedure for forming and maintaining the national list of the websites causing concern on respect for intellectual property rights

I. General provisions

1. This Procedure determines the procedure of representation and consideration of addresses of subjects of copyright and/or subjects of the related rights about inclusion of the website in the national list of the websites causing concern on respect for intellectual property rights (further - the national list), acceptance of conclusions about availability of the bases for inclusion of the website in the national list, entering of data on the website into the national list, maintaining the national list, and also exception of data on the website of the national list.

2. In this Procedure terms and reducings are used in the following values:

the website - data set, electronic (digital) information, in particular the objects of copyright and/or the related rights, etc. connected among themselves and structured within the address of the website and/or accounting record of the owner of such website, access to which is provided through the address on the Internet which can consist of domain name, records about catalogs or challenges (the unified locator of resource (URL)) and/or the numerical address under the Internet protocol;

the owner of the website face which is the owner of accounting record and establishes procedure and conditions of use of the website. In case of failure of evidence of another, the registrant of the corresponding domain name on which access to the website, and/or the receiver of services of hosting is provided is considered the owner of the website;

the address about inclusion of the website in the national list (further - the address) - set of documents and materials which are filed for consideration and adoption of the conclusion about availability or lack of the bases for inclusion of the website in the national list determined by the Law of Ukraine "About advertizing";

the applicant - the subject of copyright and/or the subject of the related rights on behalf of whom the address moves;

UKRNOIVI - the state organization "Ukrainian National Office of Intellectual Property and Innovations" determined by the Cabinet of Ministers of Ukraine as performing functions of national authority of intellectual property.

Other terms are used in the value given in the Law of Ukraine "About copyright and the related rights" (further - the Law), the Laws of Ukraine "About advertizing", "About electronic documents and electronic document management", "About electronic identification and electronic confidential services".

II. Requirements to the address and procedure for its representation

1. The address moves concerning one website on behalf of the applicant his representative - the lawyer or the representative for intellectual property (patent agent) (further - the applicant's representative).

2. The address consists of such documents and materials:

the petition for inclusion of the website concerning which there is concern about respect for intellectual property rights, in the national list (further - the petition);

data on type, the name, year of promulgation (if it is known) objects of copyright and/or objects of the related rights which the address, and also other data sufficient for identification of such promulgated objects concerns;

the documents and data certifying accessory to the applicant of property rights of intellectual property which violation when using by the corresponding method of objects of copyright and/or objects of the related rights is the basis for the address concerning the website;

the data and materials certifying availability of the bases for submission of the address provided by paragraphs the third or sixth parts ten of article 8 of the Law of Ukraine "About advertizing";

the documents confirming powers of the representative of the applicant.

2.1. The petition shall contain data

surname, name, middle name (in the presence) or complete name, residence or location of the applicant and applicant's representative, and also their postal addresses and e-mail addresses. If the applicant and/or the representative of the applicant is the foreigner, the stateless person, the foreign legal entity or other person taking place of permanent residence or the permanent location outside Ukraine, then the corresponding surname, name, middle name (in the presence) or full name are specified by letters of the Ukrainian alphabet (transliteration) or letters of the Latin or Cyrillic alphabet without diacritical signs;

domain name, the unified locator of resource (URL) or the address of the Internet protocol of the corresponding website concerning which the address moves;

the name, year of promulgation (if it is known) and type of promulgated objects of copyright and/or objects of the related rights which the address concerns;

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