Formation of the international protection of technical means of protection

Volodymyr Drobiazko
2021 Theory and Practice of Intellectual Property  
Drobyazko V. Formation of the international protection of technical means of protection. The statute considers the establishment of international protection of technical means of protection in the field of copyright and related rights, analyzes the relevant WIPO documents, the provisions of articles 11 of the WIPO Copyright Treaty (WCT) and 18 of the WIPO Performances and Phonograms Treaty (WPPT), their innovative character is justified, The analysis of the provisions of the Law of Ukraine «On
more » ... opyright and Related Rights» on the protection of technical means of protection of works and objects of related rights is carried out. Technical means are effective when the use of a protected work or an object of related rights is controlled by the owner of the rights by applying access control or aprotection method, such as encoding, or such as a copy control mechanism for the purpose of protection.According to Article 11 of the WCT and Article 18 of the WPPT, the Contracting Parties shall offer for proper legal protection and effective remedies against circumventing existing technical means used by holders of rights in connection with the exercise of their rights under these agreements and restricting actions with regard to their works, performances or phonograms, which are not permitted by them or are not permitted by law.In the process of enforcing these treaties, it became clear that it was impossible to offer legal protection and effective legal remedies against circumvention if the protection and legal remedies did not extend to preparatory actions. That is, legal protection and effective legal remedies should also be provided for protection against the manufacture, import, distribution, sale, rental, advertising for sale or rental, or for the commercial use of devices, products or components, or from providing services that: promote, advertise, or sell in rounds; or have only a limited commercial business a significant purpose, or use, other than to get around; or are primarily designed, manufactured, remade, or implemented to offer a workaround or to aid in bypassing any effective technical means.Keywords: copyright, related rights, technical remedies, circumvention, effectiveactions against violation of rights
doi:10.33731/52020.233719 fatcat:c2hz5fmyprhovbtabcf6sb3msy