RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/102/Rev.1
23 April 2002
(02-2287)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Implementation of the WTO Agreement on
Trade-related Aspects of Intellectual Property Rights (TRIPS)
Revision
The Governmental Commission on Ukraine's Accession to the WTO has submitted the
following revised information as well as a memorandum on the implementation of the TRIPS
Agreement with the request that they be circulated to members of the Working Party.
_______________
TRIPS Agreement Country
General Obligations IP Agreement s to which the country adheres
Compliance with Articles 1 through 12 and Article 19
of the Paris Convention for the Protection of Industrial
Property in respect of Parts II, III, and IV of the
TRIPS Agreement. TRIPS Article 2.Ukraine is a member of the Paris Union from
December 1991.
Under Paris, Article 1(2), industrial property has as itsobject patents, utility models, industrial designs,trademarks, service marks, trade names, indications ofsource or appellations of origin, and the repression ofunfair competition.Civil Code of Ukraine, of 29 November 2001
1
Commercial Code of Ukraine, of 29 November 20012
Customs Code of Ukraine, of 20 December 20013
Law "On Judiciary of Ukraine" No.3018-III, of
7 February 20024
Law "On the Protection of Rights to Inventions andUtility Models" No. 3687- XII, of 15 December 1993,
Article 6.2, 6.3,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 1, 5,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,Article 5,
Law "On the Protection of Rights to Plant Varieties"
No. 3116-XII, of 21 April 1993, Article 6,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 1, 6
                                                     
1Civil Code of Ukraine (Book Four), approved by the Supreme Rada of Ukraine on
29 November 2001, which has not come into force yet.WT/ACC/UKR/102/Rev.1
Page 2
TRIPS Agreement Country
In Paris.  Article 1(3), industrial property applies not
only to industry and commerce proper, but toagricultural and extractive industries and to allmanufactured or natural products, e.g., wines, grain,tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 6.2, 6.3,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 1, 5,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993, Article5, Law "On the Protection of Rights to PlantVarieties" No. 3116-XII, of  21 April 1993, Article 6,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 1, 6
Under Paris, Article 2, nationals of Members are to
enjoy in other Members the advantages that their
respective laws grant to nationals, and shall have thesame protection and the same legal remedy againstany infringement of their rights if they conform to theconditions and formalities imposed upon the Member'snationals.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 4,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 4,
 Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993, Article
4,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 5.2,
Civil Code of Ukraine, of 29 November 2001
Paris.  Article 3, requires that nationals of non-
Member countries domiciles or that have "real and
effective" industrial or commercial establishments in a
Member country be treated as nationals of a Membercountry.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 5,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 4,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,
Article 4,
Civil Code of Ukraine, of 29 November 2001
                                                                                                                                                                    
2 Commercial Code of Ukraine of 29 November 2001, approved by the Supreme Rada on
29 November 2001, which has not come into force yet
3 Customs Code of Ukraine approved by the Supreme Rada on 20 December 2001, which has not
come into force yet
4 Law "On Judiciary of Ukraine" , approved by the Supreme Rada on 7 February 2002, No.3018-III,
which has not come into force yet.WT/ACC/UKR/102/Rev.1
Page 3
TRIPS Agreement Country
Under Paris, Article 4.a right of priority is to be given
an applicant for a patent, for registration of a utilitymodel, an industrial design, or of a trademark who hasfiled the equivalent of a regular national filing underthe domestic legislation of a Member country.  Theperiods of priority are to be 12 months for patents and
utility models, and 6 months for industrial designs and
trademarks.  The Article discusses the technical detailsof granting priority in depth.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 15,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,Article 13,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 9
Article 4 bis states that patents obtained for the same
invention in various members of the Paris Union areindependent of each other.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 11
Article 4 ter requires that inventors have the right to be
named as such in the patent.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 12.6
Under Article 4 quater  restrictions or limitations on the
sale of a patented product or a product produced by a
patented process cannot be the grounds for refusing apatent or invalidating one already issued.  UnderArticle 5(A)(1), importation of a patented productmanufactured in a Paris Union country cannot be thebasis of forfeiture of the patent.  Article 5(A)(2) and
(3) authorize countries to use compulsory licensing as
a means to prevent abuses, such as the failure to work,but they may not forfeit a patent unless the grant of acompulsory license would not be sufficient to preventthe abuse.  Proceedings for forfeiture or revocation
cannot be institute until two years after the grant of the
first compulsory license.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 28.2
Article 5(A)(4) prohibits application for a compulsorylicense for failure to work until four years have passedsince tile application was filed or three years from dateof grant and no compulsory license is to be granted ifthe patentee justifies the failure to work.  Licenses areto be non-exclusive, and may not be transferred except
with the enterprise or goodwill that exploits the
license.  Article 5(B) prohibits forfeiture of industrialdesigns for failure to work or for importing articlescorresponding to those that are protected.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687- XII, of 15 December 1993,
Article 30, 31,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 17
Article 5(C) prohibits cancellation of a mark forunjustified non-use before a reasonable period of timehas passed and permits the proprietor to use differing
elements that do not diminish the distinctive character
of a mark without invalidating the registration ordiminishing the protection granted the mark.Concurrent use of the mark by co-proprietors ispermitted so long as the public is not mislead.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687- XII, of 15 December 1993,
Article 30, 31,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 17WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Under Article 5(D), protection of patents, registered
trademarks, and industrial designs cannot beconditioned upon indication or mention of such patent,trademark registration, or industrial design protection.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687-XII, of 15 December 1993,Article 30, 31,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 17
Article 5 bis requires that a grace period of at least six
months be provided for the payment of maintenance
fees for industrial property, but a surcharge ispermissible.  Countries are authorized to restorepatents that lapsed for non-payment of fees.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 32,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,Article 11.8,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of
15 December 1993, Article 18.2
Article 5 ter prohibits a Paris Member from making
use of patented devices aboard a vessel, aircraft, ofland vehicle temporarily or accidentally in the territoryor the Member.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687- XII, of 15 December 1993,
Article 31.2
Article 5 quater  requires that process patent owners
have all the rights against an imported productproduced by the patent process that they would have
with respect to products manufactured at home.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687- XII, of 15 December 1993,
Article 28.2
Article 5 quinquies  requires that Paris Members protect
industrial designs.Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,Article 5,
Civil Code of Ukraine, of 29 November 2001,
Commercial Code of Ukraine, of 29 November 2001
Article 6 makes the conditions for filing andregistration of trademarks subject to domestic
legislation but also makes filing and registration
independent of those in other countries, including thecountry of origin.
Article 6 bis requires parties, ex officio if legally
possible or at the request of an interested party, torefuse to register or, for a period of at least 5 years, tocancel the registration of a trademark confusingly
similar to a well-known mark.  No time limit is placed
on a mark used in bad faith.
Article 6 ter requires Members to refuse to register or
to invalidate the registration that includes, withoutauthorization, armorial bearings, flags, state emblems,official signs and hallmarks, etc.  An exception isprovided for owners of rights acquired in good faithbefore the Convention entered into force for that
country.Law of Ukraine "On Protection of Rights to
Trademarks for Goods and Services" No.3689-XII,15 December 1993, Article 6.1WT/ACC/UKR/102/Rev.1
Page 5
TRIPS Agreement Country
Article 6 quater  makes the assignment of a mark valid
if the portion of the business or goodwill of thebusiness together with the exclusive right tomanufacture and sell the goods bearing the mark arealso transferred.
Article 6 quinquies  requires that trademarks duly
registered in a Member be accepted for filing in other
Members, with certain reservations, and establishes
the conditions under which a trademark may be deniedregistration or may be invalidated.Law "On Protection of Rights to Trademarks for
Goods and Services", No.3689-XII, of
15 December 1993, Article 4
Article 6 sexties states that Paris Members undertake"
to protect service marks without being required toprovide for their registration.Law "On Protection of Rights to Trademarks for
Goods and Services", No.3689-XII, of15 December 1993, Article 1,
Civil Code of Ukraine, of 29 November 2001,
Commercial Code of Ukraine, of 29 November 2001
Article 6 septies  requires that trademark owners be able
to oppose or request cancellation of a registration of
their trademarks applied for by their agent orrepresentative without their authorization "unless theagent or representative justifies his action.
Article 7 states that the nature of the goods to which atrademark is applied may in no case be an obstacle tothe registration of the trademark. (Duplicate language
is in TRIPS Article 15.4.)
Article 7bis requires that Members permit registrationof collective marks belonging to associations the
existence of which is not contrary to the law of thecountry of origin, even where the association is notestablished in the country where protection is beingsought.Law of Ukraine "On Protection of Rights to
Trademarks for Goods and Services" No.3689-XII,
15 December 1993, Article 7.5
Article 8 requires that trade names be protected byMembers without the necessity of registration,
whether or not the names are part of a trademark.Regulation On the Firm, approved with Resolution
"On Enactment of the Regulation on the Firm", of
22 June 1927, sections 1-14,
Law "On Protection Against Unfair Competition" No.
236/96-VR, of 7 July 1996, Article 4,
Civil Code of Ukraine, of 29 November 2001,
Commercial Code of Ukraine, of 29 November 2001
Article 9 requires seizure on importation or exclusionor goods bearing a trademark or trade name without
authorisation, unless a country's laws provide for
neither remedy, in which case domestic actions andremedies must be available.Customs Code, Article 74,
Civil Procedural Code, Article 248-1,
"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No.412, of 28 April 2001,
Sections 6-14, Customs Code of Ukraine, of
20 December 2001WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Article 10 applies the obligation of Article 9 to the
direct or indirect use of false indications of source ofgoods, or false indication of the producer,manufacturer, or merchant of such goods.Customs Code, Article 74, Civil Procedural Code,
Article 248-1,
"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No.412, of 28 April 2001,
Sections 6-14
Article 10 bis requires Members to provide protection
against unfair competition, including against acts thatcreate confusion of various kinds about the goods oractivities of a competitor, that consist of falseallegations about a competitor, or that are apt tomislead the public regarding a competitor's goods.Law "On Protection Against Unfair Competition" No.
236/96-VR, of 7 July 1996, Articles 1-33
Article 10 ter requires that Members undertake to
assure to foreign nationals effective legal remedies to
repress actions referred to in Articles 9, 10 and 10bis,
and to allow federations and associations representingforeign businesses, on the basis of reciprocity, to takeaction in court and before administrative authorities torepress such acts.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of
15 December 1993, Article 21,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 24,
Law "On Protection Against Unfair Competition" No.
236/96-VR, of 7 July 1996, Articles 27-33,
Law "On Judiciary of Ukraine" No.3018-III, of
7 February 2002
Article 11 requires that temporary protection.consistent with domestic legislation, be afforded topatentable inventions, utility models, industrialdesigns and trademarks in respect of goods exhibitedat official or officially recognised international
exhibitions held in their territory.Ukraine is not exercising this option.
Article 12 requires Members to establish industrial
property offices for patents. utility models, industrial
designs and trademarks for the communication to thepublic through publication of a periodic journal of thenames of patent owners with a brief designation oftheir inventions, and the reproduction of trademarks.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687- XII, of 15 December 1993,
Articles 23
Article 19 authorizes Members to enter into separateand special industrial property agreements among
themselves, so long as those agreements do not
contravene the provisions of Paris.WT/ACC/UKR/102/Rev.1
Page 7
TRIPS Agreement Country
National treatment, with exceptions allowed in the
Paris, Berne and Rome Conventions.  Article 3.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687- XII, of 15 December 1993,
Article 5,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993, Article4,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 4,
Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 6,
Law of Ukraine "On Protection of Rights to
Indications of Origin of Goods" No. 752-XIV
16 June 1999, Article 5,
Law "On Protection of Rights to Integrated Circuits
Design" No.621/97, of 5 November 1997, Article 3,Civil Procedural Code, Article 423
Most favoured nation treatment, with enumeratedexceptions.  Article 4.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687- XII, of 15 December 1993,
Article 5,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993, Article4,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of
15 December 1993, Article 4,
Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 6,
Law of Ukraine "On Protection of Rights to
Indications of Origin of Goods" No. 752-XIV
16 June 1999, Article 5,
Law "On Protection of Rights to Integrated Circuits
Design" No.621/97, of 5 November 1997, Article 3,
Civil Procedural Code, Article 423
Copyright and Neighbouring Rights Citation to copyright and related laws
Compliance with Articles I through 21 of the Berne
Convention with the exception of Article 6bis, Article9.1.
Article 2 defines "literary and artistic works" as "everyproduction in the literary, scientific and artistic
domain whatever may be the mode or form of its
expression," giving examples. Limitations related tospeeches are provided in Article 2bis.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 8,
Civil Code of Ukraine, of 29 November 2001WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Article 3 requires that protection be provided to the
works of authors who are nationals of Berne Unionmembers and to works of nationals of non-Unioncountries if those works are published in a Unionmember simultaneously with publication in thenon-Union country.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 8, 10
Article 4 requires that protection be provided
cinematographic works not falling under Article 3 if
the maker has a headquarters or habitual residence in aUnion member and to works of architecture or artisticworks incorporated into a building or structure in aUnion member.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 8.1
Article 5 requires that authors enjoy the rights required
by Berne and any other rights a country providesworks on a national treatment basis without being
subject to any formalities.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 6, Article 11.2
Article 7 requires that the term of protection forcopyright be 50 years following the death of theauthor.  Special terms are authorized forcinematographic works, anonymous or pseudonymousworks, photographic works and works of applied art.Article 8 gives authors of protected works the
exclusive right to make or authorize the making of
translations of the work.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 28,
Civil Code of Ukraine, of 29 November 2001
Article 9 requires that authors be given the exclusive
right to authorize reproduction of the work in anymanner or form with only limited exceptions that donot conflict with the normal exploitation of the workand do not unreasonably prejudice the legitimate
interests of the author.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Articles 15.3, 15.6, 21-25,
Civil Code of Ukraine, of 29 November 2001
Articles 10 and 10bis define certain authorized "free
uses of works".Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 15.3, 15.6, 21-25, 42,
Civil Code of Ukraine, of 29 November 2001
Articles 11, 11bis, and 11ter require that authors of
dramatic, dramatico-musical and musical works andany translation thereof and authors of literary andartistic works, the exclusive right to authorize the
public performance of their works, including by
broadcast, public recitation and any communication tothe public.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Articles 15.3, 41,
Civil Code of Ukraine, of 29 November 2001
Article 12 requires that authors of literary or artistic
works have the exclusive right to authorizeadaptations, arrangements and other alterations of theirworks.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 15.3,
Civil Code of Ukraine, of 29 November 2001
Article 13 authorizes countries to impose reservations
and conditions on the exclusive right granted authors
of musical works or written works that are recorded.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 15.6, 42, 49.2WT/ACC/UKR/102/Rev.1
Page 9
TRIPS Agreement Country
Articles 14 requires that authors of literary and artistic
works have the exclusive right to authorize thecinematographic adaptation and reproduction of theirworks and the distribution, public performance andcommunication to the public of the adaptation orreproduction, without the limitations authorized under
Article 13(1).Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 15.3, 17, 49.2
Article 14 bis specifies that a cinematographic work is
to be protected as an original work without prejudiceto any work that is adapted or reproduced and theauthor of the cinematographic work is to enjoy thesame rights as the author of any other work.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 8.1, 17, 49.2,
Civil Code of Ukraine, of 29 November 2001
Article 14 ter requires "droit de suite" in connection
with subsequent sales works of art and manuscripts.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 27,
Civil Code of Ukraine, of 29 November 2001
Article 15 requires that ownership of a work, for
purposes of litigation, be presumed to be that which
appears on the work in the usual manner.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 11,
Civil Code of Ukraine, of 29 November 2001
Article 16 requires that infringing copies of a work be
subject to seizure whether domestically produced orimported.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 52,
Civil Procedural Code, Article 248-1,"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution of
the Cabinet of Ministers No.412, of 28 April 2001,Sections 6-14,
Customs Code of Ukraine, of 20 December 2001
Article 18 requires that copyright protection be applied
to all works which, at the moment Berne becomeseffective, have not fallen into the public domain in the
country of origin through the expiry of the term of
protection.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Final Provisions, sections 8-11
Article 19 authorizes Union members to providegreater protection than that required by theConvention.No corresponding provisions exist in the Ukrainian
legislation
Article 20 authorizes Union members to enter intospecial agreements among themselves to provide moreextensive rights than those provided by Berne.No corresponding provisions exist in the Ukrainian
legislation
Protect computer programs, whether in source orobject code, as literary works under the Berne
Convention.  Protect compilations of data, whether in
machine readable or other fo rm are to be protected as
intellectual creations if they constitute such.  Article10.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 8.1,
Civil Code of Ukraine, of 29 November 2001
Provide rental rights at least for computer programs
and cinematographic works with certain exceptions.Article 11.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 15.3,
Civil Code of Ukraine, of 29 November 2001WT/ACC/UKR/102/Rev.1
Page 10
TRIPS Agreement Country
Provide a term of protection of fifty years from the
death of tile author (Berne Article 7.1 and TRIPSArticle 9.1) or, for works the term of which is notmeasured by the life of the author, a term of 50 yearsfrom the end of the calendar year of authorizedpublication, or, if not published within fifty years from
making, fifty years from the end of the calendar year
of making.  Article 12.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 28.2-28.10,
Civil Code of Ukraine, of 29 November 2001
Confine limitations and exceptions to exclusive rights
to certain special cases which do not conflict with anormal exploitation of the work and do notunreasonably prejudice the right holder's legitimateinterests.  Article 13.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Articles 15.6, 21-25,
Civil Code of Ukraine, of 29 November 2001
Provide performers with the right for 50 years from
the date of a performance to prevent unauthorizedfixation of their unfixed performances and of
reproductions of such fixations and to prevent the
unauthorized broadcast by wireless means andcommunication to the public of their liveperformances.  Article 14.1 and 5.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Articles 39, 40, 41, 43, 44.5, FinalProvisions 8-11,
Civil Code of Ukraine, of 29 November 2001.
Provide phonogram producers with the right for 50
years from the date of first authorized fixation toprohibit unauthorized reproduction of their
phonograms, directly or indirectly, and to prohibit
rental of copies of their phonograms once sold orotherwise distributed.  Article 14.2, .4, and .5.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Articles 39, 40, 41, 43, 44.5, FinalProvisions 8-11,
Civil Code of Ukraine, of 29 November 2001.
Providing broadcasting organizations with the
exclusive rights for 20 years of fixation, reproductionof fixations, and rebroadcasting by wireless means oftheir  broadcasts and the communication to the public
of broadcasts of their broadcasts or provide to the
owners of the copyright in the material broadcast thepossibility of exercising such rights.  Article 14.3 and5.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Articles 39, 40, 41, 43, 44.5, FinalProvisions 8-11,
Civil Code of Ukraine, of 29 November 2001.
Trademarks Citation to appropriate law
Provide trademark or service mark protection for any
sign, or combination of signs capable of distinguishingthe goods or services of one undertaking from those of
other undertakings.  Article 15.1Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Articles 1, 5.2, 6.2,
Civil Code of Ukraine, of 29 November 2001.
Not deny registration for a mark based solely on the
nature of the goods or services to which a trademark is
to be applied.  Article 15.4.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of
15 December 1993, Article 6.
Trademarks must be published before or shortly afterregistration to permit opposition or opportunity toapply for cancellation.  Article 15.5.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Articles 12, 15, 19, 21.
Provide trademark owners the exclusive right toprevent unauthorized use identical or similar marks forsimilar goods or services of other parties if confusion
is likely to result.  Article 16.1Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Articles 16.3, 20,
Civil Code of Ukraine, of 29 November 2001WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Presume confusion where an identical mark is used
without authorization on identical goods or services.Article 16.1.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 16.3, 20
Provide protection for well know trademarks andservice marks in accordance with Article 6bis, of theParis Convention, even where use is on goods orservices which are not similar to those in respect of
which a trademark is registered if the latter use would
imply a connection with the right holder or would belikely to damage the right holder's interests.  Article16.2 and .3.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 6.3
Allow only limited exceptions to the rights conferredby a trademark such as fair use of descriptive terms.Article 17.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 6.4
Provide a period of protection for registration of atleast seven years, renewable indefinitely.  Article 18.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of
15 December 1993, Article 5.3,
Civil Code of Ukraine, of 29 November 2001
Allow cancellation for non-use only after a period of
three years of uninterrupted non-use unless validreasons exist for the non-use, including governmentinterference with use.  Article 19.1.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 17
No encumbering of the use of a trademark by specialrequirements.  Article 20.No requirements prohibited by TRIPS exist in
Ukraine.
May establish conditions for licensing but compulsorylicensing not permitted and owner of registered mark
must be able to assign it with or without transfer of
business.  Article 21.Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of
15 December 1993, Articles 16.4, 16.5,
Civil Code of Ukraine, of 29 November 2001
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use of
Geographical indications identifying location where agiven quality, reputation or other characteristic of agood is attributable to its location.  Article 22.1 and 2.
Refuse to register or invalidate registrations of
trademarks containing geog raphical indications except
in instances in which such marks have been used
continuously for at least I 0 years or in good faithbefore 15 April 1994.  Article 22.3Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 1, 6,17.4, 23, 24, 25.1,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 6.2, 6.3
Protect against use of geog raphical indications even
when literally true but which falsely represent that thegoods originate in another territory.  Article 22.4Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 8.1.
Protect, with certain exceptions, appellations or originfor wines and spirits even against use accompanied by
expressions such as 'kind," type," "style," etc.  Article
23.1 and 24.Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Articles 23,
24.
Additional legislation is required.WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Refuse or invalidate, with certain exceptions
trademark registrations containing geographicalindications for wines and spirits if they do notoriginate in the place named.  Article 23.2 and 24.Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 14,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of15 December 1993, Article 6.3
Industrial Designs Citation to appropriate law
Provide, with certain exceptions, protection for new ororiginal, independently created industrial designs.Article 25.1.Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,Article 6.1,
Civil Code of Ukraine, of 29 November 2001
Ensure that requirements for securing protection for
textile designs are not prohibitive of such protection.Article 25.2.Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 8.1
Protection should last at least 10 years. Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993, Article5.5,
Civil Code of Ukraine, of 29 November 2001
Patents Citation to appropriate law
Provide patents for any inventions, whether products
or processes, in all fields of technology if they are
new, involve an inventive step and are industrially
applicable.  Exceptions are permitted for plants andanimals, except for microorganisms and non-biological and microbiological processes.  Exemptionsare also permitted for reasons of ordre public andmorality.  Article 27.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 1, 6, 7.1,
Civil Code of Ukraine, of 29 November 2001
Provide patent owners with the right to prevent others
from making, using, offering for sale, selling or
importing a patented product or from using a patentprocess or using, offering for sale, selling or importinga product produced directly using such process.Article 28.1.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 28.2, 28.5, 28.6,
Civil Code of Ukraine, of 29 November 2001
Give patent owners the right to assign the rights in the
patent, or transfer the rights by succession, or licensethem.  Article 28.2Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 10, 28.6, 28.7,
Civil Code of Ukraine, of 29 November 2001
Require applicants to disclose the invention so that
one skilled in the art can carry it out and may requireindication of the best mode and information oncorresponding foreign applications.  Article 29.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 12.7, 12.8
Ensure that any exceptions to exclusive patent rightsdo not unreasonably conflict with normal exploitationof the patent and do not unreasonably prejudice the
legitimate interests of the patent owner, taking third
party interests into account.  Article 30.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 31,
Civil Code of Ukraine, of 29 November 2001WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Compulsory licenses can be issued only when
enumerated conditions are met, including such thingsas notice, remuneration, limitations on use and transferof the license, etc.  Article 31.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 30.1-30.3, 30.5,
"Procedure for Providing a Permit by the Cabinet of
Ministers of Ukraine for Using the Invention (UtilityModel), Industrial Design or Topology of an
Integrated Circuit Design without the Right Holder’s
Consent, but with Compensation to Him" approved bythe Resolution of the Cabinet of Ministers No.444, of6 April 1998, sections 6, 7, 8, 9
Provide an opportunity for judicial review of decisionsto revoke or forfeit a patent.  Article 32.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 35.2
Provide a patent term of at least 20 years from thefiling date.  Article 33.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 6.4,
Civil Code of Ukraine, of 29 November 2001
Shift the burden of proof in process patent
infringement actions to the defendant in instances inwhich tile product produced by the process is new orwhere it is substantially likely that the identicalproduct was made using the process and the patent
owner has been unable through reasonable efforts to
determine the process used.  Article 34.
Integrated-Circuit Layout Designs Citation to appropriate law
Provide protection for original layout designs ofintegrated circuits that are registered or have beencommercially exploited anywhere in the world.Articles 3, 4, 5, and 7 of the Washington Treaty asincorporated into TRIPS by Article 35.Law "On Protection of Rights to Integrated Circuits
Design" No.621/97, of 5 November 1997, Articles 4,5, 3,
Civil Code of Ukraine, of 29 November 2001
Make unlawful, except in certain circumstances, the
reproduction, importation, sale or other distribution of
a protected layout design or an integrated circuit
embodying such design or an article containing such amicrocircuit.  Article 6 of Washington and Article 36of TRIPS.Law "On Protection of Rights to Integrated Circuits
Design" No.621/97, of 5 November 1997, Articles 16,
21.1,
Civil Code of Ukraine, of 29 November 2001
Provide such protection for a term of I 0 years from
the films, of an application for registration or fromfirst commercial exploitation.  Article 38.Law "On Protection of Rights to Integrated Circuits
Design" No.621/97, of 5 November 1997, Articles 4.3,
Civil Code of Ukraine, of 29 November 2001WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that is
secret (not generally known or readily ascertainable);
has commercial value because of its secrecy., and hasbeen subject to reasonable  steps to keep it secret.
Article 39.2.Law of Ukraine "On Information" No.2657-XII, of
2 October 1992 Article 30.2, 45, 46.2,
Criminal Code, 231, 232, Civil Code, 440,Law of Ukraine "On Enterprises in Ukraine" No.887-
XII, of 27 March 1991, Article 30,
Law "On Protection Against Unfair Competition" No.
236/96-VR, of 7 July 1996, Articles 16-19,
Civil Code of Ukraine, of 29 November 2001
Protect data submitted to obtain marketing approval
for pharmaceutical or agricultural chemicals utilizing anew chemical entity.  Article 39.3.Resolution of the Cabinet of Ministers of Ukraine "On
the List of Information that is not a CommercialSecret" No.611, of 9 August 1993 (paragraphs 1-3, nosections),
Law "On Protection of Consumers’ Rights" No.1023,
of 12 May 1991, Article 18.1
Enforcement Citation to appropriate law or laws
- General Provisions
Provide for effective action against infringement ofintellectual property rights without creating barriers to
legitimate trade or opportunities for abuse.
Article 41.1Constitution, Article 41, 54, Law On Property No.697-
XII, of 7 February 1991, Article 13.
See also: Civil Code of Ukraine,
Civil Procedural Code;the Criminal Code of Ukraine, Code of Ukraine on
Administrative Violations,
Code of Ukrainian Laws on Labour,Customs Code of Ukraine, Law of Ukraine "On
Protection of Rights to Industrial Design" of
15 December 1993, No.3688-XII,
Law of Ukraine "On Protection of Rights to
Trademarks for Goods and Services" of15 December 1993, No.3689-XII;
Law of Ukraine "On Protection of Rights to
Topologies of Integrated Circuit Design" of5 November 1997, No.621-97,
Law of Ukraine "On Protection of Rights to Varieties
of Plants" of 21 April 1993, No.3116-XII,
Law of Ukraine "On Protection of Rights to
Indications of Geographical Origin of Goods" of
16 June 1999, No.752-XIV,
Law of Ukraine "On Protection of Rights to Inventions
and Utility Models" in the reading of 1 June 2000,No.1771-III,
Law of Ukraine "On Amendment of Some Legislative
Acts of Ukraine on Intellectual Property Protection" of
28 February 1995, No.75/95,WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Law of Ukraine "On Copyright and Related Rights" of
11 July 2001, No.2627-III,
Law "On Judiciary of Ukraine" No.3018-III, of
7 February 2002, Civil Code of Ukraine, of29 November 2001
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated or
costly and do not entail unreasonable time-limits or
unwarranted delays.  Article 41.2Civil Procedural Code of Ukraine, Article 6, 423, 424,
Law On Antimonopoly Committee, Article 4, "Rules
of Consideration of Cases on the Violation of
Antimonopoly legislation" Approved by Order of theAntimonopoly Committee No.5, of 19 April 1994 (asamended by Order of the Antimonopoly CommitteeNo. 169-r, of 29 June 1998), Section 2,
Decree "On the State Duty", No. 7/93, of
21 January 1993, Article 3,
Commercial Procedural Code, Article 69,Law "On Judiciary of Ukraine" No.3018-III, of
7 February  2002.
Provide decisions on the merits based upon theevidence presented in the case to the parties,preferably in writing with the reasons explained.
Article 41.3.The Civil  Procedural Code of Ukraine, Article 211,
202, Commercial Procedural Code, Article 82.3,
Law "On the Protection of Rights to Trademarks and
Service Marks", Article 15,
Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 24,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,
Article 19,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 13,
Law "On the Protection Against Unfair Competition"
No.236/96, of 7 June 1996 б Article 32,
Criminal Procedural Code, Article 347, Article 236.1WT/ACC/UKR/102/Rev.1
Page 16
TRIPS Agreement Country
Provide for appeals to judicial bodies of final
administrative decisions and of at least the legalaspects of initial judicial decisions on the merits of acase.  Article 41.4.The Civil  Procedural Code of Ukraine, Article 211,
202,
Commercial Procedural Code, Article 82.3,Law "On the Protection of Rights to Trademarks and
Service Marks", Article 15,
Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 24,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,Article 19,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 13,
Law "On the Protection Against Unfair Competition"
No.236/96, of 7 June 1996 б Article 32,
Criminal Procedural Code, Article 347, Article 236.1
Civil and Administrative Procedures and Remedies Citation to appropriate law
Provide a procedure that allows plaintiffs to bring an
action for infringement; requires that defendants benotified; permits both side to present evidence in
support of their position; and protects confidential
information.  Article 42Criminal Procedural Code, Article 4, 10, 99, 110, 137,
138,
Law "On Information", Article 30.2,
Law "On Unfair Competition", No.236/96, of
7 June 1996, Articles 16-19
Authorize judges to order production of evidencenecessary to substantiate a party's claims where thatparty has been unable to obtain such evidence from theopposing party.  Article 43. 1.Civil Procedural Code, Article 35, 36, 38, 47, 48, 53,
202, 203,
Commercial Procedural Code, Article 38.1
Authorize judges to enjoin a defendant, except the
government, from infringing intellectual propertyrights.  Article 44. 1.Civil Procedural Code, 149, 151, 152,
Commercial Procedural Code, Article 67,Law of Ukraine "On Copyright and Related Rights",
No.2627-III, of 11 July 2001, Article 52.2,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,Article 26,
Law "On the Protection of Rights to Trademark and
Service Marks" No.3689-XII, of 15 December 1993,
Article 20,
Law "On the Protection Against Unfair Competition",
No.236/96, of 7 June 1996, Article 29WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Authorize judges to order the payment of monetary
damages adequate to compensate for the injury doneby the infringement.  Article 45.1Civil Code, Articles 440, 203, 453, 440-1,
Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 34.2,
Law of Ukraine "On Copyright and Related Rights",
No.2627-III, of 11 July 2001, Article 52.1-52.4,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993, Article26.2, 20.2,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 17.4,
Law "On Protection of Rights to Integrated Circuits
Design" No.621/97, of 5 November 1997, Article 21,
Civil Code of Ukraine, of 29 November 2001
Authorize judges to order infringer to pay right
holders enforcement costs and recovery of profitsand/or statutory damages.  Article 45.2.Civil Procedural Code, Articles 73, 76,75,
Civil Code of Ukraine, of 29 November 2001.
Authorize additional remedies including seizure of
infringing goods, and the materials and implementsthe predominant use of which is infringement.  Article
46.Law of Ukraine "On Copyright and Related Rights",
No.2627-III, of 11 July 2001, Article 50,
Law "On Protection of Rights to Trademarks for
Goods and Services" No.3689-XII, of
15 December 1993, Article 21,
Law "On Protection Against Unfair Competition" No.
236/96-VR, of 7 July 1996, Article 30,
Law "On the Protection of Rights to Industrial
Designs" No.3688-XII, of 15 December 1993,
Article 26,
Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 35,
Law "On Protection of Rights to Indications of Origin
of Goods" No.752-XIV, of 16 June 1999, Article 24,
Resolution of the Cabinet of Ministers No.1340, of
25 August 1998 "On the Procedure of Accounting,Storage, Evaluation of Confiscated and Other Propertythat Passes into Ownership of the State and ItsManagement", sections 12-16,
Civil Code of Ukraine, of 29 November 2001,
Customs Code of Ukraine, of 20 December 2001
Authorize indemnification of defendant, includingattorneys' fees in the event of abuse by plaintiffs.Article 48.1.Civil Procedural Code, Articles 76, 158,
Civil Code 71, 73, 75,Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 July 1996, Article 32WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Exempt public authorities and officials from liability
in connection with the administration of intellectualproperty laws only where the actions are taken orintended in good faith within the scope of tile relevantauthority.  Article 48.2.Civil Procedural Code, Articles 248-1, 442, 443,
Law of Ukraine "On Anti-Corruption Regulation"
No.356/95, of 5 October 1995, Articles 1-17,
Law "On Civil Service" No. 3723-XII, of
14 December 1993, Article 14, Criminal Code, Article364-368
Ensure that administrative remedies conform to the
principles in the preceding Articles.  Article 49.Rules Of Considering Cases Involving Violations of
Antimonopoly Laws of Ukraine, approved By Order
No. 5 of the Antimonopoly Committee of Ukraine of19 April 1994 (as revised by Order No. 169-p of theAntimonopoly Committee of Ukraine of29 June 1998),
Customs Code of Ukraine, of 20 December 2001
- Provisional Measures Citation to appropriate law
Authorize judges to grant temporary restraining orders
and provisional relief to prevent infringement and to
preserve evidence.  Article 50.1.Civil Procedural Code, Articles 218, 34, 35, 37, 151,
152,
Commercial Procedural Code, Article 67,
Civil Code of Ukraine, of 29 November 2001
Authorize judges to require the complaining party to
indemnify the defending party against harm if thedecision on the merits finds the provisional reliefunjustified.  Article 50.3.Civil Procedural Code, Articles 152, 218, 34, 35, 37,
151, 217,
Commercial Procedural Code, Article 67
Provide for notice, for formal action by the plaintiff
after temporary restraining orders, etc.  Article 50.4.Civil Procedural Code, Articles 152, 218, 34, 35, 37,
151, 217,
Commercial Procedural Code, Article 67
- Border Measures Citation to appropriate law
Provide for suspension of release by customs
authorities of goods suspected of bearing a counterfeit
trademark or of being a pi ratical copyrighted work,
either at the request of a right holder.  Members areauthorized to extend such protection to holders ofother forms of intellectual property, Article 51Customs Code, Article 74,
"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No.412, of 28 April 2001,Section 14,
Customs Code of Ukraine, of 20 December 2001.
Require right holders initiating border measures to
provide evidence of a prima facie infringement and a
description of tile goods sufficient for customs
authorities to recognize them.  The right holder mustbe notified within a reasonable time is action will betaken on his behalf.  Article 52"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution of
the Cabinet of Ministers No.412, of 28 April 2001,Sections 6-14,
Customs Code of Ukraine, of 20 December 2001.
Authorize authorities to require the right holder
requesting border measures to post a bond sufficient toprotect the defendant and to prevent abuse.  Article 53"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution of
the Cabinet of Ministers No.412, of 28 April 2001,
Sections 6, 15, 22, 24,
Customs Code of Ukraine, of 20 December 2001.WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Requires prompt notification of the right holder and
the importer when action under Article 51 is taken.Article 54"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No.412, of 28 April 2001,Sections 17, 18, 19,
Customs Code of Ukraine, of 20 December 2001.
Requires that customs authorities be notified within a
maximum of 20 days of the receipt of notice that
proceedings on the merits have begun or thesuspension is to be revoked.  Article 55"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution ofthe Cabinet of Ministers No.412, of 28 April 2001,Sections 18, 19, 22, 23, 24,  Civil  Procedural Code,Articles 248-1, 248-2,
Customs Code of Ukraine, of 20 December 2001.
Authorities must be authorized to require the right
holder to compensate the importer or owner of the
goods subject to border measures if goods were
wrongfully detained or if proceedings leading to adecision on the merits are not begun within tileallotted time.  Article 56."Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution of
the Cabinet of Ministers No.412, of 28 April 2001,Sections 6, 15,
Customs Code of Ukraine, of 20 December 2001.
Right holders must be allowed to inspect the detained
goods in order to substantiate the right holder's claims.Importers must be given similar authority.  Members
may give the right holder the names and addresses of
those involved in the importation when infringement isfound to exist.  Article 57."Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution of
the Cabinet of Ministers No.412, of 28 April 2001,
Sections 6, 21,
Customs Code of Ukraine, of 20 December 2001.
Establishes the conditions that must be in place if
customs authorities are authorized to act ex officio,including the ability to ask the right holder forinformation at any time; the requirement to notify the
importer promptly of the suspension; and the
requirement that public officials be liable if they act inbad faith.  Article 58Law of Ukraine No.356/95, of 5 October 1995 "On
Anti-Corruption Regulation", Articles 1-17,
"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution of
the Cabinet of Ministers No.412, of 28 April 2001,Sections 21, 25, 26,
Customs Code, 519,Law of Ukraine "On Anti-Corruption Regulation"
No.356/95, of 5 October 1995, Article 14,
Criminal Code, Articles 364-368,
Customs Code of Ukraine, of 20 December 2001.
Competent authorities must be able to order
destruction or disposal other than by re-export ofinfringing goods where appropriate.  Article 59Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 52.4,
Resolution of the Cabinet of Ministers No.1340, of
25 August 1998 "On the Procedure of Accounting,Storage, Evaluation of Confiscated and Other Property
that Passes into Ownership of the State and Its
Management", sections 12-16WT/ACC/UKR/102/Rev.1
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TRIPS Agreement Country
Members are authorized to except from border
measures small quantities of infringing goods of anon-commercial nature carried in personal luggage orshipped in small consignments.  Article 60"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No.412, of 28 April 2001,Section 2.2,
Customs Code of Ukraine, of 20 December 2001.
- Criminal Procedures Citation to appropriate law
Provide criminal procedures and penalties, sufficient
to act as a deterrent, for wilful trademark
counterfeiting or copyright piracy on a commercial
scale.  Authorizes extension of criminal actions toother forms of intellectual property whereinfringements are wilful and on a commercial scale.Article 61.Criminal Code, Articles 176, 177, 229.WT/ACC/UKR/102/Rev.1
Page 21
Memorandum on the Implementation of the TRIPS Agreement
Ukraine continues to improve its intellectual property protection system and harmonize it
with TRIPS requirements in order to accede to WTO. Measures taken by Ukraine to this end includeimprovement of the enforcement measures.
The national legislation of Ukraine on intellectual property is very diversified and covers all
of the generally known types of intellectual property. Its main provisions are contained in the
following legislative acts and international agreements:
General legislation:
- Constitution;
- Civil Code of Ukraine;
- Civil Procedural Code of Ukraine;
- Commercial Procedural Code of Ukraine;
- Code of Ukraine on Administrative Violations;
- Criminal Code of Ukraine;
- Criminal Procedural Code of Ukraine;
- Customs Code.
Special laws of Ukraine on intellectual property:
- Law "On Copyright and Related Rights";
- Law "On the Protection of Rights to Inventions and Utility Models";
- Law "On the Protection of Rights to Industrial Designs";
- Law "On the Protection of Rights to Marks for Goods and Services";
- Law "On the Protection of Rights to Layout Designs of Integrated Circuits";
- Law "On the Protection of Indications of Origin of Goods";
- Law "On the Protection of Rights to Plant Varieties";
- Law "On the Protection against Unfair Competition";
- Law "On Distribution of Audiovisual Works and Phonogram Samples";
- Law "On the Specifics of State Regulation of the Production, Export and Import of Laser
Discs" (comes into effect on 21 April 2002).
International agreements:
- Convention establishing the World Intellectual Property Organization;
- World Copyright Convention;
- Paris Convention for the Protection of Industrial Property;
- Madrid Agreement Concerning the International Registration of Marks;
- Patent Cooperation Treaty;
- International Agreement on the Protection of New Plant Varieties, of 2 December 1961,
as revised in Geneva, on 10 November 1972, and on 23 October 1978;
- Trademark Law Treaty;
- Nairobi Treaty on the Protection of the Olympic Symbol;
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for
the Purposes of Patent Procedure;
- Berne Convention for the Protection of Literary and Artistic Works;
- Convention for the Protection of Producers of Phonograms Against Unauthorized
Duplication of Their Phonograms;WT/ACC/UKR/102/Rev.1
Page 22
- Protocol to the Madrid Agreement Concerning the International Registration of Marks;
and
- Nice Agreement on the International Classification of Goods and Services for the
Registration of Marks.
In 2001-2002 Ukraine acceded to:
- International Convention On the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations;
- WIPO Copyright Treaty;
- WIPO Phonograms Treaty; and
- Hague Agreement on the Protection of Industrial Designs.
As may be seen, Ukraine has become party to almost all international agreements
administered by WIPO.
In 2001 the Supreme Rada of Ukraine approved legislative acts aimed at the protection of
intellectual property rights, in compliance with inte rnational rules. These normative acts have already
become effective in Ukraine:
Law of Ukraine "On Amendment of Some Legislative Acts for the Purpose of Increasing
Penalties for Infringements in the Field of Intellectual Property" sets out rules for administrativeresponsibility for ensuring effective protection of intellectual property rights.
Article 51-2 of the Code on Administrative Violations now provides that illegal use of
intellectual property, falsification of authorship or premeditated violation of intellectual property
rights protected by law is punishable with a fine and confiscation of illicitly produced goods andequipment and materials intended for the production thereof.
This law is supplemented by the Customs Code of Ukraine, in which Article 116-1 provides
that movement across the customs border of Ukraine of goods or objects produced in violation of
intellectual property rights is punishable with a fine and confiscation of infringing goods.
The Criminal Code of Ukraine provides for the application of criminal procedures in cases of
violation of intellectual property rights as required by the TRIPS agreement.
Law of Ukraine "On the Amendment of the Law On Copyright and Related Rights", provides
for the retroactive protection of both copyright and related rights, control by right holders over the use
of copyright and related rights, and monitoring the application of the national legislation andinternational agreements in the relevant area. It also establishes the procedures for the protection of
copyright and related rights, methods for the civil protection and injunction procedures in cases on
violation of copyright and related rights.
After the following legislative acts approved by the Supreme Rada in 2001-2002 come into
effect, the national legislation will be improved significantly:
- Civil Code of Ukraine, which includes a separate Book IV "Intellectual Property Law". It
contains basic rules on intellectual property which are in full compliance with
international rules.
- Customs Code of Ukraine, which includes a section entitled "control over the movement
across the customs border of Ukraine of goods containing intellectual property". The
section meets the TRIPS requirements for border measures.WT/ACC/UKR/102/Rev.1
Page 23
- Law "On the Amendment of the Law On the Protection of Rights to Plant Varieties",
which completely meets the requirements of the TRIPS agreement, Article 27, and the
International Agreement on the Protection of New Plant Varieties as of 19 March 1991.
This law will make it possible for Ukraine to accede to the convention. The Law comes
into effect from 1 July 2002.
In order to implement the Ukrainian-American Joint Program of Actions on Fight with Illegal
Production of Optical Carriers of Information (further referred to as Joint Program) signed in
June 2000 by the Presidents of Ukraine and the United States, a number of normative-legal acts on
immediate reinforcement of fighting with piracy production and distribution of optical carriers of
information were adopted, in particular:
- Law "On the Specifics of State Regulation of the Production, Export and Import of Laser
Discs" (comes into effect on April 21, 2002);
- Decree of the President "On Immediate Measures to Reinforce the Protection of
Intellectual Property Rights in the Process of Production, Export, Import and Distribution
of Disks for Laser-Readable Syst ems" No.85/2002 of 30 January 2002.
- Resolution of the Cabinet of Ministers No.264, of 22 March 2001 "On Measures
Regarding the Implementation of the Ukrainian-American Joint Program of Actions on
Fight with Illegal Production of Optical Carriers of Information";
- Resolution of the Cabinet of Ministers No.410, of 28 April 2001, "On Amendment of the
List of Licensing Authorities, Approved by  Resolution of the Cabinet of Ministers of
Ukraine, No.1698, dated 14 November 2000". This resolution provides that the Ministry
for Science and Education is the authority responsible for licensing the import and export
of optical discs, production facilities, equipment and materials for the production of
optical discs and matrixes;
- Resolution of the Cabinet of Ministers No.411, 28 of April 2001 "On the Procedure for
Assigning a Special Identification Code for Optical Discs";
- "On Amendment of the Resolution of the Cabinet of Ministers of Ukraine, No.65, dated
27 January 1997", No.413, dated 28 April 2001;
- "On Approval of Regulations for the Committee for Carrying out Inspections of
Enterprises Manufacturing Optical Discs and the Procedure for Such Inspections",
No.414, dated 28 April 2001;
- Resolution of the Cabinet of Ministers No.1149, of 7 September 2001 "On Approval of
the Procedure for Use and Control Over Observance of Intellectual Property Rights in the
Process of Production, Export and Import of Discs for Laser Readable Systems"; and
- Resolution of the Cabinet of Ministers No.41 2, of 28 April 2001 "On the Approval of the
Regulation of the Procedures for the Registration and Movement Across the Customs
Territory of Ukraine of Goods Containing Intellectual Property Objects".  The regulationhas been developed in compliance with international practices and TRIPS.
As a result of the implementation of the above-mentioned normative acts and the introduction
of effective organizational steps by the authorized bodies of the executive branch of the government
producers of optical media of information decided to restrict their production to legal media. Also themovement across the customs territory of Ukraine of counterfeit compact discs and materials for the
production thereof was halted.
Today in Ukraine a specific list of measures has been developed concerning normative and
organizational support of the implementation of the Law "On the Specifics of the GovernmentRegulation of the Activity of Subjects of Economic Activity Associated with the Manufacture,
Export, and Import of Laser-Readable Discs".WT/ACC/UKR/102/Rev.1
Page 24
The current legislation of Ukraine and normative acts approved by the Supreme Rada contain
rules that meet most of the requirements of TRIPS. Only certain aspects of the national legislation
require further evaluation and establishment of implementation procedures, in particular those related
to:
- TRIPS rules established in section 2 of Article 16 (protection of rights for well known
mark) and in Article 34 (process patents, burden of proof), Article 31 (other uses of
patents without permission of the right holder);
- certain TRIPS terminological definitions (other  use of patents without permission of the
right-holder).
In order to ensure the full harmonization of the national legislation with TRIPS requirements
a draft law has been developed, approved by the relevant ministries and committees and submitted to
the Cabinet of Ministers. The draft law is entitled "On the Amendment of the Legislative Acts of
Ukraine on Intellectual Property Rights".
In order to resolve the set of problems related to the accession of Ukraine to the Word Trade
Organization and to the coordination of the activities of the relevant government authorities, the
President issued decrees No.285, of 27 April  2001 "O n Measures to Protect Intellectual Property in
Ukraine", No.797/2001, of 5 September 2001" On Additional Steps to Accelerate the Accession of
Ukraine to the World Trade Organization" and No.104/2002, of 5 February 2002 "On the Action Plan
to Complete the Accession of Ukraine to the World Trade Organization". These decrees containcertain rules aimed at the harmonization of the national legislation on intellectual property with
international rules and on the development of the infrastructure of the system of legal protection of
intellectual property.
In order to implement the above-mentioned de crees, departments dealing with the protection
of intellectual property were established within the Ministry of Interior and the State Customs Service
of Ukraine. Also, the establishment of collegia on intellectual property cases within the Supreme
Commercial Court, within commercial courts of  the Autonomous Republic of Crimea, and of the
cities of Kiev and Sevastopol, as well as within appellate commercial courts, is an important step on
the way to the improvement of the judicial system.
The Law of Ukraine "On the Judiciary of Ukraine" approved in 2002, provides for the
creation of a system of specialized administrative courts that, in particular, resolve controversial
issues related to the activities of government and local authorities. Active steps are being taken to
create within the State Department for Intellectual Property of the department of inspectors on
intellectual property.
The implementation of measures for the protection of intellectual property in Ukraine is an
important component of governmental policies in this area. Today we have good reason to believe
that by the end of 2002 Ukraine will have a system of legal protection of intellectual property that will
be fully compliant with TRIPS.
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