Online resources offer block even before the court decision.
Once again the Parliament will consider the practice of pre-trial blocking of sites for pirated content at the request of the copyright holder. The bill No. 4629, lodged from the Cabinet, sets the boundaries of responsibility of website owners and hosters, prescribed rules of pre-trial blocking of pirated content. Almost the first recorded owner’s right to require the owner of the website the personal data of the user who posted the pirated content. A separate article deals with how notaries must provide evidence to the Internet.
The main reason for the appearance of the bill was the “301 list” – an annual document that make up the U.S. government with a list of countries that violate intellectual property rights. Ukraine 2013 appears in it especially among the worst offenders – among the “priority countries”, says in the explanatory note to the draft, the newly appointed economy Minister Stepan Kubiv.
That proposed bill? First, the mechanism by which copyright holders can block access to pirated content without a court per day. This mechanism countless times already prescribed, for example, in the draft prepared by the state service for the protection of intellectual property.
The owner of the rights to writes the content to the owner of the website complaint, the website owner within 24 hours shall block access to such content or remove it (addition to article 52 of the copyright act). Site owners must indicate online their full name or name and host name, full residence address or location, email and phone (V. 11).
Interestingly, from the owner of the site is also required to prevent re-arrangement of such content on the website. Not later than twenty four hours after blocking the site owner needs to inform the owner of rights in content by email. If the site owner did not heed the demands, the rights holder sends to the host, and he is obliged “to remove or prevent access to the information on which the complaint is made” within days after receiving the complaint.
The copyright holder also has the right to obtain from the owner of the website the personal data of the user who violated copyright, in an amount sufficient to appeal to the court.
Also, the draft law amends the Law on notary”. Notaries are granted the right to provide evidence on the Internet. In other words: to make the report that contains a description of the information placed on the Internet, to which are attached documents that the information posted on the Internet.
