Why Fileshares are Illegal


     By Cai & Lenard



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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 committed 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 it publishes 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.

ABOUT THE AUTHOR: Elena Zaitseva - Senior Associate, Head of the Corporate, Competition and Media Law Team
Practice: Projects in corporate law, Due Diligence, advisory activity on issues of international trade, investments and intellectual property. Legal counseling and legal support of restructuring and corporate optimization projects; risk-management analysis of trade finance agreements considering peculiarities of national and foreign legislation.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.