Ukraine: updated Statutory Damages for Copyright Infringement

Ilarion TomarovSince July 22, 2018, a new mechanism for calculation of the amount of statutory damages has become effective in Ukraine. From now on a court should determine damages based on the license fee the infringer would have paid to obtain the rightsholder’s permission. The old method for calculating statutory damages, namely “choosing” from the range of 18,410 hryvnias (approximately EUR 560) to 92,050,000 hryvnias (approximately EUR 2,785,180), was the most popular of the available remedies for two reasons: (1) the claimant didn’t have to prove the amount of damages suffered; and (2) the defendant had to overcome the presumption of guilt for the damage done. The law contained no criteria for the application of statutory damages i.e. defining a sum which would correspond fairly to the scope of infringement, and the minimal effort required for the complainant to recover the minimum amount of statutory damages led to the situation where complainants…

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