. /.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/68/Add.1
19 April 2000
(00-1608)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Memorandum on Intellectual Property Rights
Addendum
The following information concerning the intellectual property rights in Ukraine has been
received from the Governmental Commission on Ukraine's Accession to the WTO.
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Currently a number of legislative acts regulating the area of intellectual property are in force
in Ukraine. The civil responsibility for violations in  the intellectual property field is provided by the
following laws of Ukraine:
− On Copyright and Related Rights No. 3792-XII of 23 December 1993;
− On Protection of Rights to Inventi ons and Utility Models No. 3687-XII of
15 December 1993;
− On Protection of Rights to Industrial Designs No. 3688-XII of 15 December  1993;
− On Protection of Rights to Trademarks and Service Marks No. 3689-XII of
15 December 1993;
− On Protection of Rights to Topologies of  Integrated Circuit Design No. 621/97 of
5 November 1997;
− On Protection of Rights to Varieties of Plants , No. 3116-XII of 21 April 1993;
− On Protection of Rights to the Indicati ons of Origin of Goods No. 752-XIV of
16 June 1999.
Moreover, the Presidential Decree on Regulating Trade in Some Excisable Goods Related to
the Use of Audiovisual Works and Phonogram Samples No. 491/98 was adopted 20 May 1998. In this
decree the mechanism for the control of copyright violations is based on the issue of special
certificates.
To improve the protection of intellectual property the relevant agencies of the government are
drafting appropriate amendments and additions to existing legislation which also are intended to bring
the legislation in compliance with the requirements of the Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS), as well as with the normative documents of the European
Union.
Appropriate steps are being taken to receive legislative authorization for Ukraine’s accession
to the 1989 Protocol of the Madrid Agreement Concerning the International Registration of Marksand to the Nice Agreement Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks 1957, including the 1979 amendments thereto. The following
proposals for legislation were drafted, approved by the respective Ministries and other government
agencies, and introduced to the President’s Administration:WT/ACC/UKR/68/Add.1
Page 2
− a law on Ukraine’s Accession to the Nice Agreement for International Classification
of Goods and Services for the Registration of Marks and;
− a law on Ukraine’s Accession to the Protocol of the Madrid Agreement for
International Registration of Marks.
The Draft Law of Ukraine on Amendment of  the Law of Ukraine on Protection of Rights to
Inventions and Utility Models received its first reading in the Supreme Rada of Ukraine on
16 June 1999. European Union Council Directives No. 1768/92 of 18 June 1992 were applied in the
drafting of special provisions for the simplification of procedures for the certification of
pharmaceutical products.
Recommendations for the improvement of the draft Law of Ukraine on Amendment of  Some
Legislative Acts on the Reinforcement of Responsibility for Infringements in the Field of IntellectualProperty were submitted to the appropriate ministries and other government agencies for their
consideration.
A draft Law of Ukraine on Amendment of  th e Law of Ukraine on Protection of Rights to
Industrial Designs was prepared to achieve compliance with the provisions of the Geneva Protocol ofHague Agreement for the International Registration of Industrial Designs, 1975. It is now receiving of
approval by the ministries and other government agencies.
A draft Law of Ukraine on Amendment of  th e Law of Ukraine on Protection of Rights to
Trademarks and Service Marks was prepared. The appropriate European Union legislative acts wereapplied in the preparation of the draft.
A Law of Ukraine on Amendment of  the Law of Ukraine on Protection of Rights to Varieties
of Plants has been drafted. It is now being prepared for submission to the Supreme Rada of Ukraine.
A normative act for goods requiring intellectual property protection and crossing the customs
borders of Ukraine was drafted and, together with accompanying proposals submitted to the State
Customs Service, the Ministry of Justice and the Ministry of Interior.
To ensure the implementation of Presidential Order No. 1-14/1839 of 29 December 1999,
recommendations were prepared on measures relating to the intensification of the fight against
unlawful use of intellectual property objects: in particular – the establishment of an Interdepartmental
Committee on the Protection of Rights to Intellectual Property Objects and the Fight Against the
Unlawful Utilization Thereof subordinate to the Cabinet of Ministers of Ukraine. A draft Resolution
on the Approval of Rules Applicable to the International Committee on Issues of Protection of the
Intellectual Property Objects and Fighting Against Unlawful Utilization Thereof was prepared for
consideration by the Cabinet of Ministers of Ukraine.
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