Notice-and-takedown procedures in Ukraine, Spain, China, and the US

Abstract

The purpose of the presented study is to consider the notice-and-takedown procedures presented in the legislation of Spain, China and the USA in the projection of the discussion of their application in Ukrainian realities. To achieve the objective of this study, we have analysed the following documents (as of June 2022): the Law of Ukraine “On Copyright and Related Rights” (Ukraine); the Royal Decree No. 1889/2011, of December 30, 2011, on the Operation of the Intellectual Property Commission (as Amended up to Royal Decree No. 1023/2015 of November 13, 2015) (Spain); the E-Commerce Law of the People’s Republic of China (Adopted at the Fifth Session of the Standing Committee of the 13th National People’s Congress on August 31, 2018) (China); the Regulations on the Protection of Right of Dissemination via Information Network (2013) (China); the Digital Millennium Copyright Act (the USA). The analysis shows that many debatable issues of the procedures are still unresolved, although, for example, China has made a significant step, perhaps too abrupt, but allowing others to learn the practices of the country; Spain has chosen its own path, as prescribed, for example, by the EU Directive on electronic commerce, in many respects positive and revealing, but in some aspects unfinished; the USA got the privilege of being criticized like anyone who has given birth to a new important approach, but at the same time the decision has become truly breakthrough as evidenced by the scale of the procedures implementation beyond US borders; Ukraine is in the infancy of implementing the procedures, but the experience of other countries is definitely useful and applicable in the country to fight unfair competition and support small and medium-sized businesses in difficult economic times.