Ilyashev & Partners defends European IT company in copyright dispute over computer program

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, the firm 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 – had co-authored the program. This led to a lawsuit in the United States against the firm’s client.

The team conducted a thorough analysis of the case and developed an effective defense strategy, 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reached a settlement: the European company received a substantial monetary compensation, and all pending claims were withdrawn following mutual waivers.

The project was led by Roman Marchenko, senior partner, and Andriy Lytvyn, head of the Kharkiv office.