SOME ISSUES OF PROTECTION OF COPYRIGHT AND RELATED RIGHTS IN UKRAINE UNDER MARTIAL LAW

Abstract

The article examines the current issues of protecting copyright and related rights in Ukraine under martial law, which was introduced due to the armed aggression of the Russian Federation against Ukraine. The study analyzes national legislation, including the Civil Code of Ukraine, the Law of Ukraine «On Copyright and Related Rights,» the Constitution of Ukraine, as well as relevant provisions of international legal instruments regulating the establishment, exercise, and protection of copyright and related rights. It is determined that martial law significantly complicates the realization of rights by authors and rights holders due to limited functioning of courts in temporarily occupied territories, overloading of judicial bodies in government-controlled areas, and the lack or insufficient development of remote legal procedures. The article considers the classification of protection mechanisms, which are divided into judicial and non-judicial methods, and highlights their advantages and limitations under martial law. Particular attention is given to the principle of presumption of authorship, the importance of documenting the creation of copyrighted works, securing proprietary rights, and executing contracts for the realization of authors’ economic rights. The study proposes concrete measures to improve the protection system, including the introduction of remote judicial proceedings, electronic registration of copyright, special administrative procedures for rapid cessation of violations, increasing legal awareness of authors and rights holders, and involving international support and cooperation. The implementation of these measures will allow more effective protection of copyright and related rights, ensure stable functioning of creative individuals and rights holders, support the development of the intellectual property system, and contribute to preserving Ukraine’s cultural and scientific achievements during martial law. The results of the study are relevant for legal scholars, practitioners, policymakers, and international organizations involved in the protection of intellectual property rights under emergency conditions.