How to protect your intellectual property rights online if your brand or product is being copied?

Sergiy Barbashyn Attorney, managing partner of Barbashyn Law Firm

5 February, 2026 3 min for reading

Content of the article

What protects your intellectual property rights?
What should you do when you identify an infringement?
What results can be expected?
What are the main challenges of protecting intellectual property on the Internet?
Conclusion

Content of the article

What protects your intellectual property rights?
What should you do when you identify an infringement?
What results can be expected?
What are the main challenges of protecting intellectual property on the Internet?
Conclusion

In today’s digital environment, businesses are increasingly facing unfair competition manifested through the copying of trademarks, names, websites, product designs, and even technological solutions. Such infringements may occur within a single country or across several jurisdictions at once, which significantly complicates the protection of intellectual property rights. For many companies, this represents not only a financial risk but also a reputational threat, as consumers may confuse the original manufacturer with those producing low-quality copies or engaging in misleading practices.

In response to these challenges, it is essential for businesses to understand how to properly react to infringements and how to minimize risks at the stage of creating a brand or product. For this reason, the issue of effectively combating the copying of trademarks, content, products, and technologies remains extremely relevant and requires a systematic approach.

What protects your intellectual property rights?

In Ukraine, the protection of intellectual property rights is governed by a number of laws that are designed to safeguard the interests of rights holders. In particular, the Law of Ukraine “On Copyright and Related Rights” provides for the blocking of access to infringing websites and establishes the liability of service providers for copyright violations. Technologies are protected under the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models,” brands are protected under the Law of Ukraine “On the Protection of Rights to Trademarks for Goods and Services,” and designs are protected under the Law of Ukraine “On the Protection of Rights to Industrial Designs.”

In the European Union, there is also relevant legislation aimed at protecting authors’ rights in the digital environment. In particular, it obliges platforms such as YouTube to prevent the uploading of unlicensed content.

In the United States, the key mechanism is the “notice-and-takedown” procedure: the rights holder notifies the service provider of an infringement, and the provider, in order to avoid liability, must promptly block or remove the disputed content.

At the international level, special legal instruments are also in force, under which the countries that are parties to the relevant agreements are obliged to ensure effective measures for the protection of intellectual property rights against infringement, including in the digital environment.

While copyright arises at the moment a work is created and its registration is not mandatory for protection, rights to brands and technologies must be registered with the relevant intellectual property authority in order to ensure legal protection. We discuss trademark protection in more detail in another article, “How to protect the brand?” — Barbashyn Law Firm.

What should you do when you identify an infringement?

If you discover that a product or brand is being copied, it is advisable to follow the algorithm below:

First and foremost, document the infringement and collect all relevant evidence. This may include fixing web pages using specialized services, involving an attorney or other independent sources, as well as preserving links and their content.

Where possible, engage an attorney to send a formal cease-and-desist letter or complaint to the infringer or the administrator of the relevant platform, requesting that the infringement be eliminated. In practice, communications sent by an attorney are more effective, as they demonstrate the seriousness of your intentions and professional legal representation.

If no response is received, a series of further actions may be planned, such as requesting the blocking of social media accounts or websites, initiating domain name disputes, or filing complaints with courts or other competent authorities. It is recommended to build a strategy starting with simpler measures (such as contacting social media platforms) and moving toward more complex ones (such as evidence collection and court proceedings).

If the infringement is related to a domain name, you may contact the domain registrar to request the suspension or cancellation of the domain name.

A key role is played by official confirmation of rights in the form of copyright registration, trademark registration, patents, and similar instruments, as well as properly collected evidence with legal validity. Equally important is a well-thought-out enforcement strategy developed in advance. Based on our experience, most infringements are resolved quickly, with minimal costs and without the need to involve authorities or initiate court proceedings. This is because a large number of legal norms regulates intellectual property protection procedures and have long been implemented in the policies of online services, social media platforms, and website hosting providers.

What results can be expected?

The use of someone else’s content without the owner’s consent may lead to a number of legal consequences, including:

Removal of materials: The content owner may file a complaint, and platforms such as YouTube, Instagram, and Facebook may block or remove the disputed content, sometimes even automatically through systems such as Content ID. As a result, this may lead to a loss of views and potential revenue. In more serious cases, an entire page or account may be blocked, and such situations are not uncommon. Full account blocking usually occurs if the infringement is not remedied voluntarily.
Fines and compensation: The rights holder may claim monetary compensation for the damages incurred, either directly or through court proceedings. This may take the form of a fixed amount or compensation for actual losses.
Court decisions: If the infringement is not ceased voluntarily, a court may order the infringer to remove the content, compensate for damages, and possibly publicly acknowledge the infringement (for example, by publishing the court decision). It should be noted that the infringer will also be required to reimburse your costs related to the proceedings, including legal fees, evidence collection, expert assessments, and other expenses. Such a decision may be issued together with, or in addition to, the main ruling on the cessation of the infringement.
Reputation: Content theft undermines trust in a brand or individual. This may lead to customer attrition and negative publicity on social media, resulting in long-term financial consequences.
Account blocking: In cases of systematic violations of platform rules, social media platforms may block an account, which is particularly critical for businesses, as it results in the loss of communication with their audience.

What are the main challenges of protecting intellectual property on the Internet?

It is often difficult to identify infringers online, as many users operate under fictitious usernames and not all platforms require identity verification.
It can also be challenging to collect evidence proving that a particular work belongs to a specific author, since different users may copy, modify, and distribute the same content across various platforms.
Another major issue is the high speed at which illegal content spreads due to automated bots, reposting mechanisms, and recommendation algorithms. As a result, content may reach millions of users within minutes before it can be detected and removed.

Our experience shows that with a properly structured protection strategy, the chances of stopping online infringements are above average.

Conclusion

Infringements of rights on the Internet are a widespread issue that must be actively addressed through filing content complaints, contacting hosting providers, competent state authorities, and courts. Once an infringement is established, the consequences may include the removal of materials, shutdown of websites, payment of compensation, and long-term loss of trust from the target audience, among others. Therefore, compliance with intellectual property protection requirements online contributes to the development of legal culture, enhances trust in businesses, and supports the sustainable development of creative activity.

Published by AIN.UA

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