Copyright certificate: procedure for obtaining and significance of the document

What is a copyright certificate and why do I need it? It is an official document confirming the state registration of your copyright, playing an important role in its protection in Ukraine. Despite the fact that copyright arises automatically from the moment of creation of a work, obtaining a certificate has significant legal and practical advantages. In this article we will consider the procedure for obtaining it and the main importance of this document for every author.

Section 1: Copyright certificate as a document

Obtaining a copyright certificate is the final stage of the procedure of state registration of copyright. But what exactly is this document from a legal point of view and what role does it fulfil? Let us understand in more detail.

1.1 Definition and legal nature of copyright certificate

Copyright certificate is an official state document issued by the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI) and confirming the fact of state registration of copyright for a work in the relevant State Register. By its legal nature, the certificate of copyright is a document confirming the right. This means that it does not create copyright (it arises automatically), but only certifies certain legally significant facts related to this right.

Unlike a patent for an invention or a trade mark certificate, which are documents of title (i.e. the right arises precisely from the moment of their state registration and issuance of the relevant document), a copyright certificate only confirms that an already existing right (which has arisen since the creation of the work) has undergone the procedure of state registration. It is like a birth certificate – it confirms the fact of birth, but is not the basis for the fact of birth. The certificate is an official, public document containing identification data of the work and information about the subject of copyright, entered in the state register. Its form and content shall be established by the relevant normative acts.

1.2 What the certificate confirms (fact of registration, presumption of authorship)

The existence of a copyright certificate provides its owner with a number of important confirmations and advantages, in particular:

• Confirmation of the fact of state registration. The certificate is conclusive proof that the copyright for a particular work has been officially registered in the State Register of Copyright Registration Certificates for the work. The certificate contains the date of registration and the registration number, which are legally significant data.
• Confirmation of the date of registration. The date of registration shown on the certificate provides official confirmation that, as of that date, the work existed in a particular form and copyright was claimed. This can be important in proving priority of authorship in the event of disputes.
• Presumption of authorship. The person named in the certificate as the author (or the person who has copyright by law or contract) is presumed to be the subject of copyright unless proven otherwise. The certificate creates the so-called “presumption of authorship”. This means that in the event of a dispute, it is the opponent who must provide strong evidence that the person named in the certificate is not the author or does not own the rights. Having a certificate makes it much easier for the author to prove his rights. For example, imagine that someone claims that he is the author of your work. If you have a certificate, you only need to produce it, and now the opponent has to prove his or her case, which is much more difficult.
• Identification of the work. The certificate contains the title of the work, its type and other identifying data, and a copy of the work is attached to the application on the basis of which the certificate is issued. This allows you to clearly identify which work has been registered.

Thus, the certificate does not “give” you the copyright, but it is an official state confirmation of the fact of its registration and a strong argument in your favour in any situations requiring proof of authorship or the existence of rights.

1.3 Distinguishing a certificate from the copyright itself

This is a fundamental point that often causes misunderstandings. A copyright certificate is a document, whereas copyright is a set of legal rights (personal non-property and property rights) that belong to the author.

Key differences:

• Moment of arising: Copyright arises automatically from the moment of creation of a work. A certificate is issued after the state registration of an already existing right.
• Necessity of obtaining: Copyright exists independently of any formalities, including obtaining a certificate. Obtaining a certificate is a right, not an obligation, of the author.
• Legal nature: A certificate is an acknowledgement document. Copyright is an intangible asset, a set of exclusive rights.
• Loss of document: Loss or damage to a copyright certificate does not mean loss of copyright. Copyright continues under the law regardless of whether there is a paper or electronic certificate. It is the same as losing your birth certificate – it does not mean you cease to exist.

The certificate is only a tool that facilitates the realisation and protection of copyright. It is not a “title deed” in the traditional sense, but is an official confirmation of certain facts entered in the public register relating to the right. Understanding this distinction is critical to properly assessing the role of the certificate.

Section 2: Detailed description of the procedure for obtaining a certificate

If you have decided to officially confirm your authorship by state registration and obtaining a certificate, you will need to go through a certain procedure. It is not too complicated, but it requires attention to detail and compliance with the established rules.

2.1 Authority responsible for registration and issuance of certificates

The Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI) is thecentral authority responsible for the procedure of obtaining an AP certificate in Ukraine. It is this state institution that accepts applications from authors and right holders, examines them, maintains the State Register of Copyright Registration Certificates and issues the certificates themselves. UKRNOIVI is the only authorised body in Ukraine that carries out state registration of copyright. Applying to this institution is mandatory for obtaining an official state certificate. For more information on how to register copyright in general and the procedure of state registration of copyright in Ukraine, as well as the general registration of copyright in Ukraine, you can learn in our separate article “How to register copyright in Ukraine in 2025“.

2.2 Stages of the obtaining process

The procedure for obtaining a copyright certificate includes several consecutive stages:

1. Preparation and execution of the application. The first step is to properly fill out the official application for state registration of copyright in a work. The application form can be obtained directly from UKRNOIVI or downloaded from their official website. The application form should contain complete and accurate information about the author (or the applicant, if it is not the author), the title of the work, its type (e.g. literary work, computer programme, photograph), the date of creation (if the author wishes) and other necessary information. It is important to fill in all fields clearly and without mistakes.
2. Formation of a set of documents. Other mandatory documents must be attached to the completed application. We will discuss the full list in more detail in Section 3, but it must include a copy of the work itself in objective form and a document confirming payment of the official application fee. Additional documents may also be required depending on the situation (e.g. a power of attorney if the application is submitted by a representative).
3. Submission of documents:The completed set of documents is submitted to UKRNOIVI. This can be done in several ways in 2025
   • :In person: submit documents directly to the application window at the UKRNOIVI office in Kyiv.
   • By post: send by registered letter with acknowledgement of receipt to the official address of UKRNOIVI
   • . Electronically: legislation is constantly evolving and UKRNOIVI is introducing electronic services.
   • It is likely that in 2025 it will be possible to submit an application and documents electronically via an online system or email using an electronic signature.
   • It is worth checking the UKRNOIVI website for up-to-date information.
   • The date of application submission is important as it is the starting point for the review period.
4. Application review and examination. After receiving the documents, UKRNOIVI conducts their review. For copyright, the main stage is the formal examination, during which the completeness of the package of documents, correctness of filling in the application and compliance of the submitted materials with the formal requirements of the legislation are checked. If deficiencies are identified, a request is sent to the applicant with a proposal to eliminate them within a certain period of time. Expertise on the merits of the work (originality, novelty, etc.), unlike other IP objects, is usually not carried out for copyright.
5. Decision-making and issuance of the certificate. After successful examination (or elimination of deficiencies), UKRNOIVI takes a decision on the state registration of copyright in the work. Based on this decision, information is entered into the State Register. The final step is the issuance of the certificate itself after payment of the state fee for its issuance.

2.3 Time limits for the procedure

The legislation stipulates that the formal examination of an application for copyright registration must be carried out within a period not exceeding one month from the date of filing of the application. However, this is only one of the stages. The total duration of the entire procedure, from the moment of application to the actual receipt of the certificate in hand, may be longer and depends on several factors:

• The speed of payment of fees and charges by the applicant.
• Availability and speed of response to UKRNIIVI requests. If there are deficiencies in the request, the time for their elimination is added to the total time.
• Burden on UKERNOIVI. Although there are normative deadlines, the actual processing time may vary.

In practice, if the application is completed correctly and there are no enquiries, the certificate can be issued in about 1-3 months. If there are enquiries or other complications, the period may increase.

2.4 Possible grounds for refusal of registration and overcoming them

Sometimes applicants are refused state registration of copyright. This can happen for a variety of reasons, which are usually related to non-compliance with formal requirements. Typical grounds for refusal include:

• Submission of an incomplete set of documents. For example, the absence of a copy of the work or a document on payment of the fee.
• Incorrect filling in of the application form. Errors in the data of the author, work, incorrect indication of the type of work, etc.
• Failure of the submitted object to meet the criteria of protectability from the copyright point of view. For example, an attempt to register only an idea, concept or fact which, as we mentioned, are not copyrightable.
• Failure to remedy deficiencies within the prescribed time limit. If UKRNOIVI has sent a request to correct deficiencies and the applicant has not provided a response or has not corrected errors in time.
• Non-payment of mandatory payments.

Most of these grounds for refusal can be overcome. As a rule, UKRNOIVI sends a request with a detailed list of identified deficiencies, giving time to correct them. It is important to read the request carefully, correct the indicated errors, provide the necessary documents or pay the fee/fee and send the response to UKRNOIVI within the deadline. In complicated cases, when the refusal is related to the interpretation of the object of registration, you may need more thorough argumentation of your position. In order to avoid typical mistakes and go through the procedure of obtaining a copyright certificate quickly and successfully, especially if you are doing it for the first time, it may be useful to seek professional assistance. Qualified specialists of Polikarpov Law Firm will help you to prepare all documents correctly and interact effectively with UKRNOIVI.

Section 3: Required application package

Correct and complete preparation of the application package is critical for successful completion of the procedure of state registration of copyright and obtaining a certificate. Any mistakes or lack of necessary papers may lead to delays or even refusal.

3.1 Registration Application Requirements

The main document that starts the process is an application for state registration of copyright for a work. In order to obtain a copyright certificate, this application must be drawn up in accordance with the established requirements.

• Official form: The application shall be submitted on an official form, the form of which is approved by UKRNOIVI. The current form can always be downloaded from the official UKRNOIVI website.
• Full and accurate information: The application must contain comprehensive information about the applicant (the author or the person who has copyright). For a physical person it is full name, residence address, contact details. For a legal entity – full name, location, identification codes.
• Information about the work: The full title of the work, its type (e.g. book, article, musical work, computer programme, photograph, etc.), date of creation (if the author wishes to indicate it) and, if the work has been published, the date and place of first publication should be indicated. The title of the work must be clear and appropriate to the copy being submitted.
• Language of the application: The application shall be submitted in the Ukrainian language.
• Signature: The application must be signed by the applicant (or his/her authorised representative).

Careful completion of each item of the application, without abbreviations or corrections (unless required by the regulations), is the first step to trouble-free registration.

3.2 Submission of a copy of the work: specifics for different types of objects (text, music, code, image)

An obligatory component of the package of documents is a copy (or copies) of the work itself, submitted in an objective form that allows its identification. The specifics of submitting a copy depend on the type of work:

• Literary and scientific works (books, articles, lectures): Submit a printed copy of the work (usually in A4 format), stitched or stapled. Or an electronic copy on an electronic medium (CD/DVD, USB stick).
• Musical works (with and without text): A musical notation of the work must be submitted. If the work has a text, it is submitted together with the sheet music. An audio recording of the work on an electronic medium may be submitted as supplementary material or in cases where no sheet music is available.
• Computer programmes: Submit the source code of the programme on an electronic medium. In addition, you may submit an abstract, a description of functionality, a user manual, or a printout of the part of the code that most identifies the programme.
• Works of fine art (paintings, drawings, photographs): Submit a copy of the work in the form of an image of it (e.g., a high-quality photograph or printout, slide). For photographs, the photograph itself or a copy thereof shall be submitted.
• Audiovisual works (videos, films): Submit a copy of the work on an electronic medium (e.g. DVD disc, USB stick). In addition, a script, director’s explication may be submitted.
• Works of architecture, urban planning: Submit drawings, plans, sketches, models.
• Works of applied art, design: Submit images of the product, sketches, models.

The main thing is to submit such a copy, which will allow UKRNOIVI experts to clearly identify the work and make sure of its objective form of expression.

3.3 Document confirming payment of the state fee (amount of the fee)

Submission of an application for state registration of copyright is a paid procedure. The set of documents must be accompanied by the original or a copy of a document confirming the payment of the established state fee.

The amount of this fee is established by law and may differ for individuals and legal entities. It is important to check the current amount of the fee and correct bank details of UKRNOIVI on their official website before payment, as the amounts may change. The document confirming the payment is a bank receipt or a payment order with a bank stamp of fulfilment. The purpose of the payment should clearly indicate what the payment is for (for example, “the fee for filing an application for registration of copyright in the work [title of the work] from [name of the applicant]”).

Payment of the fee is a prerequisite for the application to be accepted for substantive examination.

3.4 Additional documents (e.g., a contract for the creation of a work of authorship, if applicable)

In addition to the basic documents – the application, the copy of the work and the receipt for the payment of the fee – in some cases additional documents may be required to prove the legal grounds for registration or to represent the interests of the applicant:

• Power of Attorney: If the application is submitted not personally by the author (or right holder) but through his authorised representative (e.g. patent attorney or lawyer), the original or duly certified copy of the power of attorney confirming the representative’s authority must be attached to the application package.
• Document confirming the transfer of property rights: If the applicant is a person who has acquired property rights under a contract (e.g., an agreement on the transfer of property rights) or by way of inheritance, a copy of this document must be submitted.
• Contract on creation of an official work: If the work was created by the author within the framework of his/her labour duties (as an official work) and the applicant is an employer (legal entity), a copy of the contract between the author and the employer or other document confirming the official nature of the creation of the work (e.g. job description, internal regulations) should be attached to the application.
• A document certifying the fact and date of the first publication (if the work was published): This can be a copy of the publishing contract, a copy of the title page of the publication with the date of publication, etc.

Collecting and correctly completing all the necessary documents can be a time-consuming process. In order to be sure of the correctness of preparing the package of documents and to avoid common mistakes, you can seek professional assistance from the lawyers of Polikarpov Law Firm.

Section 4: Legal and practical significance of the copyright certificate

We already know that copyright arises automatically and a certificate is not a document of title. So why spend time and money to obtain one? The answer lies in the great legal and practical importance of a copyright certificate for the effective management and protection of your rights.

4.1 The certificate as strong evidence of authorship in controversial situations

The main function of a certificate is its role as strong official evidence in any situation requiring proof of your authorship and rights to a work. A certificate issued by a government agency (UKRNOIVI) has a high degree of credibility.

• Presumption of authorship: As we have already mentioned, a certificate creates a presumption that the person named in it is the author of the work. This means that if you produce a certificate, it is the other party (e.g. in court) who has to prove otherwise, which is a much more difficult task. Without a certificate, you yourself would have to collect and provide other circumstantial evidence of authorship (dated drafts, witness statements, correspondence, etc.), which can be a lengthy and non-obvious process.
• Official confirmation of the date of registration: The certificate clearly records the date on which your right was registered in the State Register. This serves as official confirmation of the existence of the work in a particular form as of that date, which can be critical in proving priority of creation in copyright disputes.

For example, imagine you discover an illegal use of your work and the infringer claims to have created the work before you. By presenting a copyright certificate with the date of registration, you have a strong argument in your favour, forcing your opponent to provide more convincing evidence of his allegedly earlier authorship.

4.2 Simplification of procedures for the protection of rights in court and pre-trial proceedings

Having a copyright certificate greatly simplifies and accelerates the process of protecting your rights in case of their infringement.

• Pre-trial settlement: When sending a claim (demand) to the infringer, you can attach a copy of the certificate. This immediately demonstrates the seriousness of your intentions and the existence of official proof of rights, which often encourages the infringer to voluntarily stop the illegal actions.
• Legal defence: In court, the certificate is the primary and most convincing proof of your rights. It simplifies the preparation of a lawsuit and reduces the amount of other evidence that needs to be presented. Judges and law enforcement agencies have more confidence in registered rights, which can speed up the consideration of the case and decision-making. The availability of a certificate greatly simplifies how to act in case of copyright infringement, because it is an official confirmation of your rights. This is especially true for online copyright protection and online plagiarism control, where speed of reaction is important. Read more about these aspects in the article “Copyright protection on the Internet: how to act in case of infringements”.

4.3 Facilitating the disposal of property rights (sale, licensing)

If you plan to transfer property rights in your work to others (e.g. sell them or grant a licence to use them), having a copyright certificate is a significant advantage.

• Increased credibility with counterparties: Potential buyers or licensees (publishers, production studios, development companies) are more willing to enter into contracts for registered works. The certificate is a guarantee for them that the person offering the rights really owns them and that these rights are officially confirmed by the state. This reduces their legal risks.
• Simplifying the conclusion of contracts: The certificate clearly identifies the work and the right holder, which makes it easier to formulate the subject of the contract (what rights are transferred/licensed under which work).

The certificate makes your work a more “liquid” asset in the legal field, simplifying business operations with it.

4.4 The importance of the certificate for commercialising your work and attracting investment

Apart from purely legal aspects, a copyright certificate is important for the successful commercialisation of your work and potentially attracting investment.

• Increased business attractiveness: A registered work looks much more attractive to publishers, producers, distributors and other market participants. This indicates the seriousness of the author’s intentions and the legal “purity” of the object.
• Inclusion in the company’s assets: For legal entities, a registered copyright (confirmed by a certificate) can be put on the balance sheet as an intangible asset, increasing the value of the company.
• Investment promotion: Investors evaluating projects based on intellectual property (e.g. IT, media, entertainment start-ups) pay attention to the level of legal protection of the underlying assets. Having a certificate for software code, design or content makes a project more reliable and attractive for investment.

Obtaining a certificate is a strategic step for the commercial success of your work. To make the most of the value of a copyright certificate for commercialisation and to protect your interests, you can get professional support from our lawyers.

4.5 The role of the certificate in accessing international markets

Although a copyright certificate obtained in Ukraine does not grant automatic protection in other countries (due to the territorial principle of law), it can play a role in entering international markets. In many countries that are parties to international conventions (as Ukraine is), national registration can serve as a strong confirmation of the existence of a work and authorship as of a certain date. In case of disputes abroad, the Ukrainian certificate can be accepted as one of the evidences in court or other official bodies, confirming the legitimacy of your rights as an author from a country party to the international system of protection. This facilitates the process of proving your rights outside of Ukraine, although it does not replace the need to act in accordance with the laws of a particular foreign country.

Section 5: Validity of the certificate and other aspects

By obtaining a copyright certificate, the author or right holder becomes the owner of an official document confirming the state registration of his rights. It is important to know not only the meaning of this document, but also what aspects of its “life” should be considered after its issuance – whether it has a validity period, how to make changes if necessary, and what to do in case of loss.

5.1 How long a copyright certificate is valid

This is one of the most common questions, and here it is important to clearly understand the key difference: copyright certificate as a document does not have a separate, fixed period of validity, after which it “burns out” and it must be “renewed” in the traditional sense. Copyright certificate confirms the fact of state registration of copyright, which took place on a certain date and was entered in the State Register.

“Term of validity” of the copyright certificate itself as a document essentially coincides with the term of validity of proprietary copyright on the work, which, as we have already considered in another article, is usually the life of the author plus 70 years after his death. That is, as long as there is copyright in a work under the law, the certificate confirming the fact of its state registration remains valid as a document certifying this fact. It is valid proof of registration during the entire term of protection of the right.

The loss of the certificate or its physical damage in no way affects the validity of the copyright itself or the fact of its state registration. The registration exists in the State Register, and the certificate is only its paper (or electronic) confirmation. Therefore, there is no need to worry about “renewal” of the certificate; the only thing to worry about is the validity of the right itself, which is determined by law.

5.2 Changes to the information in the State Register

During the term of validity of copyright there may be changes concerning the information entered in the State Register and indicated in the certificate. For example, the author may change his name, property rights may be transferred to another person by contract or inheritance, the address of the right holder may change.

In such cases, the legislation provides for the possibility of making appropriate changes to the information contained in the State Register. In order to do so, it is necessary to apply to UKRNOIVI with an application of the prescribed form, attach documents confirming the fact of change (e.g. marriage certificate in case of change of surname, agreement on transfer of property rights), and pay the official fee for making changes.

Making changes is important because up-to-date information in the register and in the certificate (if necessary, a new certificate can be issued to reflect the changes or an annex to the existing one) ensures the legal purity of the rights, which is important when entering into contracts and in case of defence of rights. This allows potential users or purchasers of rights to see the current rights holder in the official register.

5.3 What to do in case of loss of the certificate

If the original copy of the copyright certificate is lost, stolen or damaged, you should not panic. As we have already learnt, the loss of the document does not mean the loss of the copyright itself or the fact of its registration. However, for convenience and the possibility of presenting an official confirmation of rights, it is possible to obtain a duplicate certificate.

The procedure for obtaining a duplicate is also carried out through UKRNOIVI. It is necessary to submit an application for the issuance of a duplicate certificate, provide the applicant’s identity documents and pay the established state fee for the issuance of a duplicate. The circumstances of the loss or damage of the original, if known, should be specified in the application.

The issued duplicate of a copyright certificate has the same legal effect as the original. It confirms the same fact of registration with the same date and number as the lost original. Having a duplicate allows you to enjoy all the benefits that the official certificate provides without obstacles.

Conclusions

Over the course of this article we have looked in detail at what a copyright certificateis , its legal nature and why it is valuable to every author. We have gone through the key stages that cover the procedure for obtaining a copyright certificate in Ukraine, from preparing documents to liaising with UKRNOIVI, and learnt about the necessary package of documents to do so.

The main thing to remember: although copyright arises automatically, the copyright certificate is an official document confirming the fact of state registration of this right. It serves as a strong proof of authorship and the date of registration, greatly simplifies the protection of rights (both in court and in the pre-trial procedure), facilitates the disposal of property rights and promotes the commercialisation of the work. The certificate strengthens the author’s position and makes his rights more secure.

If you have created an original work and want to maximise its legal protection and open up greater opportunities for commercial exploitation, it is worth considering obtaining a copyright certificate. It is an investment in your creative legacy and future.