Ilyashev & Partners successfully represented the interests of a European IT company in a dispute regarding copyright infringement of a computer program by a Ukrainian company. The dispute was settled at the pre-trial stage.
The Ukrainian company filed a claim against the client of Ilyashev & Partners, accusing it of allegedly illegal use of a software product and demanding compensation for copyright infringement.
Following a thorough legal analysis, Ilyashev & Partners established that the disputed software had been developed with the participation of the European IT company. However, the Ukrainian company failed to duly formalize the transfer of intellectual property rights, yet managed to obtain a state certificate of copyright registration.
Subsequently, the Ukrainian IT company assigned the copyright to a U.S. company, which was unaware that the European software development company – the client of Ilyashev & Partners – had co-authored the program. This led to a lawsuit in the United States against the firm’s client.
To protect its client’s interests, Ilyashev & Partners conducted a thorough analysis of the case and developed an effective defence strategy.
Ilyashev & Partners’ team filed a claim in Ukraine seeking recognition of the client’s co-authorship of the specified computer program.
After complex negotiations, the parties reached a settlement: the European company received a substantial monetary compensation, and all pending claims were withdrawn following mutual waivers.
Ilyashev & Partners continues to provide legal support in cases related to the protection of intellectual property rights and cooperates with international partners to counteract intellectual property theft & piracy in Ukraine.
The project was led by Roman Marchenko, Senior Partner, and Andriy Lytvyn, Head of Ilyashev & Partners’ Kharkiv Office.