RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/95
9 April 2001
(01-1809)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Comparative Table
of Compliance of the National Legislation of Ukraine
With the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The following information has been submitted by the Governmental Commission on
Ukraine's accession to the WTO with the request that it be circulated to members of the Working
Party.
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PART I. GENERAL PROVISIONS AND BASIC PRINCIPLES
Article 1.  Nature and Scope of Obligations
1. Members shall give effect to the provisions of this Agreement.  Members
may, but shall not be obliged to, implement in their law more extensive
protection than is required by this Agreement, provided that suchprotection does not contravene the provisions of this Agreement.Members shall be free to determine the appropriate method of
implementing the provisions of this Agreement within their own legal
system and practice.+
2. For the purposes of this Agreement, the term "intellectual property" refers to
all categories of intellectual property that are the subject of Sections 1
through 7 of Part II.+
3. Members shall accord the treatment prov ided for in this Agreement to the
nationals of other Members. In respect of the relevant intellectual propertyright, the nationals of other Members shall be understood as those natural or
legal persons that would meet the criteria for eligibility for protection
provided for in the Paris Convention (1967), the Berne Convention (1971),the Rome Convention and the Treaty on Intellectual Property in Respect ofIntegrated Circuits, were all Members of the WTO members of those
conventions. Any Member availing itself of the possibilities provided in
paragraph 3 of Article 5 or paragraph 2 of Article 6 of the Rome Conventionshall make a notification as foreseen in those provisions to the Council forTrade-Related Aspects of Intellectual Property Rights (the "Council for
TRIPS").+
Article 2.  Intellectual Property Conventions
1. In respect of Parts II, III and IV of this Agreement, Members shall comply
with Articles 1 through 12, and Article 19, of the Paris Convention (1967).+
2. Nothing in Parts I to IV of this Agreement shall derogate from existing
obligations that Members may have to each other under the ParisConvention, the Berne Convention, the Rome Convention and the Treaty on
Intellectual Property in Respect of Integrated Circuits.+WT/ACC/UKR/95
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Article 3.  National Treatment
1. Each Member shall accord to the nationals of other Members treatment no
less favourable than that it accords to its own nationals with regard to the
protection of intellectual property, subject to the exceptions already
provided in, respectively, the Paris Convention (1967), the Berne
Convention (1971), the Rome Convention or the Treaty on IntellectualProperty in Respect of Integrated Ci rcuits.  In respect of performers,
producers of phonograms and broadcasting organizations, this obligation
only applies in respect of the rights provided under this Agreement.  Any
Member availing itself of the possibilities provided in Article 6 of the Berne
Convention (1971) or paragraph 1(b) of Article 16 of the Rome Conventionshall make a notification as foreseen in those provisions to the Council for
TRIPS.+
2. Members may avail themselves of the exceptions permitted under
paragraph 1 in relation to judicial and administrative procedures, includingthe designation of an address for service or the appointment of an agent
within the jurisdiction of a Member, only where such exceptions are
necessary to secure compliance with laws and regulations which are notinconsistent with the prov isions of this Agreement and where such practices
are not applied in a manner which would constitute a disguised restriction
on trade.+
Article 4. Most-Favoured-Nation Treatment
With regard to the protection of intellectual property, any advantage, favour,
privilege or immunity granted by a Member to the nationals of any other countryshall be accorded immediately and unconditionally to the nationals of all otherMembers.  Exempted from this obligation are any advantage, favour, privilege orimmunity accorded by a Member:
(a) deriving from international agreements on judicial assistance or 
law enforcement of a general nature and not particularly confined to the protection of intellectual property;
(b) granted in accordance with the provisions of the Berne 
Convention (1971) or the Rome Convention authorizing that the treatment accorded be a function not of national treatment but of the treatment accorded in another country;
(c) in respect of the rights of performers, producers of phonograms 
and broadcasting organizations not provided under this Agreement; and
(d) deriving from international agreements related to the protection 
of intellectual property which entered into force prior to the +WT/ACC/UKR/95
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entry into force of the WTO Agreement, provided that such 
agreements are notified to the Council for TRIPS and do not constitute an arbitrary or unjus tifiable discrimination against 
nationals of other Members.
Article 5.  Multilateral Agreements on Ac quisition or Maintenance of Protection
The obligations under Articles 3 and 4 do not apply to procedures provided in
multilateral agreements concluded under the auspices of WIPO relating to the
acquisition or maintenance of intellectual property rights.+
Article 6. Exhaustion.
For the purposes of dispute settlement under this Agreement, subject to the
provisions of Articles 3 and 4 nothing in this Agreement shall be used to addressthe issue of the exhaustion of intellectual property rights.+
Article 7. Objectives
The protection and enforcement of intellectual property rights should contribute
to the promotion of technological innovation and to the transfer and
dissemination of technology, to the mutual advantage of producers and users oftechnological knowledge and in a manner conducive to social and economicwelfare, and to a balance of rights and obligations.+
Article 8. Principles
1. Members may, in formulating or amending their laws and regulations, adopt
measures necessary to protect public health and nutrition, and to promotethe public interest in sectors of vita l importance to their socio-economic and
technological development, provided that such measures are consistent with
the provisions of  this Agreement.
2. Appropriate measures, provided that they are consistent with the provisions
of this Agreement, may be needed to prevent the abuse of intellectualproperty rights by right holders or the resort to practices which unreasonably
restrain trade or adversely affect the international transfer of technology.+
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PART II STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS.
SECTION 1:  COPYRIGHT AND RELATED RIGHTS
Article 9. Relation to the Bern Convention
1. Members shall comply with Articles 1 through 21 of the Berne Convention
(1971) and the Appendix thereto.  However, Members shall not have rightsor obligations under this Agreement in respect of the rights conferred under
Article 6bis of that Convention or of the rights derived therefrom.The Law of Ukraine “On Ukraine’s Joining the Bern Convention on Protection of
Literary and Artistic Works” (Paris Act dated 24 July 1971, amended on2 October 1979)” dated 31 May 1995 No. 189/95.
The Convention came into force on the territory of Ukraine on 25 October 1995+
2. Copyright protection shall extend to expressions and not to ideas,
procedures, methods of operation or mathematical concepts as such.The Law of Ukraine "On Copyright and Related Rights"
Article 7. Objects that are not-Protected
Protection under this Law is not extended to any idea, procedure, method, process,
concept, discovery, invention, utility model, industrial design trademark or services
mark, innovation or ordinary information, even if such be expressed, described,explained, illustrated, etc., in a work.+
Article 10. Computer Programs and Compilations of Data
1. Computer programs, whether in source or object code, shall be protected as
literary works under the Berne Convention (1971).Article 5. Protected Works
This Law protects works in the field of scholarship, literature, and art, namely:
- written literary works of a fictional, scholarship, technical, or practical 
nature (books, brochures, articles, computer programs, etc.).+
2. Compilations of data or other material, whether in machine readable or other
form, which by reason of the selection or arrangement of their contentsconstitute intellectual creations shall be  protected as such.  Such protection,
which shall not extend to the data or material itself, shall be without
prejudice to any copyright subsisting in the data or material itself.Article 5. Protected Works
This Law protects works in the field of scholarship, literature, and art, namely:
- collections of works, collections of folklore adaptations, encyclopedias 
and anthologies, collections of ordinary data, including data bases, and other composite works, provided that the selection, coordination, or 
arrangement of the contents is the result of creative effort, without prejudice to 
protection of the works comprising them;+
Article 11. Rental Rights
In respect of at least computer programs and cinematographic works, a Member
shall provide authors and their successors  in title the right to authorize or to
prohibit the commercial rental to the public of originals or copies of their
copyright works.  A Member shall be excepted from this obligation in respect of
cinematographic works unless such rental has led to widespread copying of suchworks which is materially impairing the exclusive right of reproduction conferredin that Member on authors and their successors in title.  In respect of computer
programs, this obligation does not apply to rentals where the program itself is not
the essential object of the rental.Article 14. Author's Economic Rights
1. The author or another person holding copyright is vested with exclusive rights to
use a work in any form and in any manner.
2. The author or another person holding copyright is vested with the exclusive right to
penult or prohibit:- the distribution of works by sale, other disposal, leasing or rental, or other 
transfer prior to first sale of' specimens of the work.+WT/ACC/UKR/95
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Article 12. Term of Protection
Whenever the term of protection of a work, other than a photographic work or a
work of applied art, is calculated on a basis other than the life of a natural person,
such term shall be no less than 50 years from the end of the calendar year of
authorized publication, or, failing such authorized publication within 50 years
from the making of the work, 50 years from the end of the calendar year ofmaking.Article 24. Term of Copyright Protection
1. The protection granted under this Law lasts throughout the author's lifetime and for
a period of 50 years after his death, except for the cases specified by this article.
2. Copyright in a work first published within 30 years after the death of the author
lasts for a period of 50 years from the date of its lawful publication.
3. The tern of protection stipulated In paragraphs 1-4 of this article begins on January I
of the year following the year in which the juridical facts specified in the said
paragraphs took place.+
Article 13. Limitations and Exceptions
Members shall confine limitations or exceptions to exclusive rights to certain
special cases which do not conflict with a normal exploitation of the work and donot unreasonably prejudice the legitimate interests of the right holder.Article 14. Author's Economic Rights
Restrictions on economic rights established by Art. 15-19 of this Law nay be imposed,
provided that they do not prejudice normal use of the work and do not curtail the author'slegitimate interests without cause.+
Article 14. Protection of Performers, Producers of Phonograms (Sound
Recordings) and Broadcasting Organizations
1. In respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when undertaken
without their authorization:  the fixa tion of their unfixed performance and
the reproduction of such fixation.  Performers shall also have the possibilityof preventing the following acts when undertaken without their
authorization:  the broadcasting by wireless means and the communication
to the public of their live performance.Article 33. Rights of Performers
Performers are vested with the exclusive right to permit or prohibit the public
presentation of their performances, the fixation of « previously unrecorded performance
on a material medium, and aerial and wire transmission of their performances as well asthe exclusive right to reproduce and to distribute by first sale or other transfer ofownership or control, or by leasing or rental of phonograms on which their performances
are fixed, independently of the first sale or other transfer of ownership or control.+
2. Producers of phonograms shall enjoy the right to authorize or prohibit the
direct or indirect reproduction of their phonograms.Article 34. Rights of Phonogram Producers
Producers of phonograms have the exclusive right to permit or prohibit their
reproduction the distribution of specimens by first sale, by other disposal, and by leasing,rental, and other transfer independent of first sale, [the exclusive right] to adapt them,
and [the exclusive right to] import phonograms.+
3. Broadcasting organizations shall have th e right to prohibit the following acts
when undertaken without their authori zation:  the fixation, the reproduction
of fixations, and the rebroadcasting by wireless means of broadcasts, as well
as the communication to the public of television broadcasts of the same.
Where Members do not grant such rights to broadcasting organizations, theyshall provide owners of copyright in the subject matter of broadcasts with
the possibility of preventing the above act s, subject to the provisions of the
Berne Convention (1971).Article 35. Rights of Broadcasting Organizations
Broadcasting organizations have the exclusive right to permit or prohibit the public
communication of their programs through retransmission, fixation on a material medium,reproduction of their transmissions, aerial and wire communication, and publiccommunication of transmissions in places with paid admission, and (the exclusive right)to prohibit the dissemination of a program carrier signal in or from the territory of
Ukraine by a distributor to whom this satellite signal was not directed.+WT/ACC/UKR/95
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4. The provisions of Article 11 in respect of computer programs shall apply
mutatis mutandis to producers of phonograms and any other right holders in
phonograms as determined in a Member's law.  If on 15 April 1994 aMember has in force a system of equitable remuneration of right holders inrespect of the rental of phonograms, it may maintain such system provided
that the commercial rental of phonograms is not giving rise to the material
impairment of the exclusive rights of reproduction of right holders.Article 37. Use of Commercially Published Phonograms
1. The amount of compensation and the terms for its payment are set by an agreement
between the phonogram user or an association of such users, on the one hand, andthe organizations administering the economic rights of phonogram producers and
performers, on the other hand.
2. The amount of compensation is set for each type of phonogram use._
5. The term of the protection available under this Agreement to performers and
producers of phonograms shall last at least until the end of a period of 50
years computed from the end of the calendar year in which the fixation was
made or the performance took place.  The term of protection grantedpursuant to paragraph 3 shall last for at least 20 years from the end of thecalendar year in which the broadcast took place.Article 38. Term of Protection of Related Rights
1. Economic rights of performers are protected for 50 years after the first fixation of a
performance or production. The moral rights of performers are protectedindefinitely.
2. The rights of phonogram producers are protected for 50 years after the first
publication of a phonogram, and if it is not published, for 50 years after the first
fixation of the sound recording.
3. Broadcasting organizations enjoy the rights granted under this Law for 50 years
after the first aerial, or wire transmission.
4. The periods stipulated by this article commence on January 1 of the year following
the year in which the juridical facts provided by this article took place.+
6. Any Member may, in relation to the rights conferred under paragraphs 1, 2
and 3, provide for conditions, limitations, exceptions and reservations to the
extent permitted by the Rome Convention.  However, the provisions ofArticle 18 of the Berne Convention (1971) shall also apply,mutatis mutandis, to the rights of performers and producers of phonograms
in phonograms.Article 36. Limitations of the Rights of Performers, Phonogram Producers, and
Broadcasting Organizations
Provided that it does not interfere with the normal use of performances, phonograms, and
transmissions by broadcasting organizations, and that it does not unjustifiably abridge
the legitimate interests of performers, phonogram producers and broadcastingorganizations, the use of performances, phonograms, and broadcast programs, and thefixation, reproduction, aerial and wire transmission, or other manner of public
communication thereof for general knowledge without the consent of the performers,
phonogram producers, and broadcasting organizations, and without payment ofcompensation is permitted in the cases stipulated in article 15-19 of this Law regardingabridgement of the economic rights of authors of literary and artistic works.+
SECTION 2:  TRADEMARKS
Article 15. Protectable Subject Matter
1. Any sign, or any combination of signs, capable of distinguishing the goods
or services of one undertaking from those of other undertakings, shall becapable of constituting a trademark.  Such signs, in particular wordsincluding personal names, letters, numerals, figurative elements and
combinations of colours as well as any combination of such signs, shall be
eligible for registration as trademarks.  Where signs are not inherentlyThe Law of Ukraine "On Protection of Rights to Trademarks and Services Marks"
Article 1. Definitions
Trademark - a sign for differentiation of goods and services of one person from similar
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capable of distinguishing the relevant goods or services, Members may
make registrability depend on distinctiveness acquired through use.Members may require, as a condition of registration, that signs be visuallyperceptible.Article 5. Conditions for Legal Protection
Object of a trademark may be signs in the form of words, pictures, volumetric signs, or
their combinations in any colour, or a combination of colours.
2. Paragraph 1 shall not be understood to prevent a Member from denying
registration of a trademark on other grounds, provided that they do notderogate from the provisions of the Paris Convention (1967).+
3. Members may make registrability depend on use.  However, actual use of a
trademark shall not be a condition for filing an application for registration.
An application shall not be refused solely on the ground that intended usehas not taken place before the expiry of a period of three years from the dateof application.Article 6. Grounds for Refusal of Legal Protection
Absence of use is not indicated amongst the conditions for the refusal of providing legal
protection.+
4. The nature of the goods or services to which a trademark is to be applied
shall in no case form an obstacle to registration of the trademark.Article 6. Grounds for Refusal of Legal Protection
Any requirements  not indicated amongst the conditions for the refusal of providing legal
protection.+
5. Members shall publish each trademark either before it is registered or
promptly after it is registered and shall afford a reasonable opportunity forpetitions to cancel the registration.  In addition, Members may afford an
opportunity for the registration of a trademark to be opposed.Article 12. Publication on Issuing the Certificate
On the basis of the decision on the registra tion of the trademark, and with the document
on the tax payment, the Department shall pub lish in the official bu lletin the information
of issuing a certificate.
Article 15. Appeal against Decision on Application
The applicant may appeal against a Department's decision concerning the application in
the Department's Council of Appeal (hereinafter - Council of Appeal) during threemonths since the Department takes the decision or the copies of the requested documentsare received.
Appeal against the decision of the Department concerning the application shall be
considered by the Council of Appeal within  four months since the date is submitted.
Article 19. Recognizing Certificate as Invalid
Certificate may be recognized as invalid in full or partially, where
a) the registered trademark does not meet the conditions of the legal 
protection; and
b) the certificate contains element of the trademark, or list of goods and services 
which were not included into the application.+WT/ACC/UKR/95
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Article 16. Rights Conferred
1. The owner of a registered trademark shall have the exclusive right to
prevent all third parties not having the owner’s consent from using in thecourse of trade identical or similar signs for goods or services which are
identical or similar to those in respec t of which the trademark is registered
where such use would result in a likelihood of confusion.  In case of the useof an identical sign for identical goods or services, a likelihood of confusionshall be presumed.  The rights described above shall not prejudice any
existing prior rights, nor shall they a ffect the possibility of Members making
rights available on the basis of use.Article 16. Rights under Certificate
The certificate shall give to its owner the right to prevent from other persons to use the
registered trademark without his permit, except for the cases, where the use of trademark
is not under the regulation of this Law.
Article 20. Violation of Certificate's Owner's Rights
1. Any actions against the rights of the certificate's owner, contained in article 16 of
this Law, shall be considered as violatio ns of the certificate's owner's rights, which
caused the responsibilities in accordance with the current legislation of Ukraine.
2. On the certificate's owner's demand such violation shall be terminated and the
violator shall compensate the caused losses.
3. The certificate's owner may also demand the removal or destroying of the illegally
used trademark from goods and their packaging or other sign much similar to thetrademark.
Article 16. Rights under Certificate
A faithful use of the trademark by other persons before 1 January 1992 shall not be
considered as a violation of the rights of owner of the certificate obtained before
paragraph 4 of Article 6 of this Law came into force.+
_
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_
_
2. Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to
services.  In determining whether a trademark is well-known, Members
shall take account of the knowledge of the trademark in the relevant sector
of the public, including knowledge in the Member concerned which hasbeen obtained as a result of the promotion of the trademark.Article 6. Grounds for Refusal from Legal Protection
There cannot be registered trademarks which are identical, and hence cannot be
distinguished from:
- trademarks previously registered, or ap plied for the registration in Ukraine on 
the name of other person, where they regard similar goods and services;
- trademarks of other persons, provided these trademarks are legally protected 
without registration on the basis of the international agreements of Ukraine; and
- provisions on the generally known trademarks need further regulation 
in national legislation+
_
3. Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to
goods or services which are not similar to those in respect of which atrademark is registered, provided that use of that trademark in relation to
those goods or services would indicat e a connection between those goods or
services and the owner of the registered trademark and provided that theinterests of the owner of the registered trademark are likely to be damagedby such use._WT/ACC/UKR/95
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Article 17. Exceptions
Members may provide limited exceptions to  the rights conferred by a trademark,
such as fair use of descriptive terms, provided that such exceptions take accountof the legitimate interests of the owner of the trademark and of third parties.-
Article 18. Term of Protection
Initial registration, and each renewal of registration, of a trademark shall be for a
term of no less than seven years.  The registration of a trademark shall be
renewable indefinitely.Article 5. Conditions for Legal Protection
The property right for a trademark shall be certified. The validity term of the certificate
shall be ten years since the date of submitting the application to the Authority, and it
shall be prolonged by the Authority for another 10-year period at the request of the
certificate's owner during the last year of the validity term.+
Article 19. Requirement of Use
1. If use is required to maintain a registration, the registration may be cancelled
only after an uninterrupted period of at least three years of non-use, unless
valid reasons based on the existence of obstacles to such use are shown bythe trademark owner.  Circumstances arising independently of the will of theowner of the trademark which constitu te an obstacle to the use of the
trademark, such as import restrictions on or other government requirements
for goods or services protected by the trademark, shall be recognised asvalid reasons for non-use.Article 17. Duties under Certificate
Provided the trademark is not used or hardly used in Ukraine during three years since the
date of publication of the information concerned in the bulletin, or since the date whenthe use of the trademark was terminated, any person can apply to the court (arbitrationcourt) with the application on ahead-of-tim e termination of the certificate's validity.
While settling this question the court (arbitratio n court) may take into consideration the
proofs submitted by the certificate owner that the trademark was not used on notdependant on him reasons.+
2. When subject to the control of its owner, use of a trademark by another
person shall be recognized as use of the trademark for the purpose of
maintaining the registration.Use under the license is determined by the use of a trademark. There is no direct norm. _
Article 20. Other Requirements
The use of a trademark in the course of trade shall not be unjustifiably
encumbered by special requirements, such as use with another trademark, use in aspecial form or use in a manner detrimen tal to its capability to distinguish the
goods or services of one undertaking from those of other undertakings. This will
not preclude a requirement prescribing the use of the trademark identifying the
undertaking producing the goods or services along with, but without linking it to,the trademark distinguishing the specific goods or services in question of thatundertaking.There are no special requirements determined by the law as to the use of a trademark for
goods and services in commerce.+
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Article 21. Licensing and Assignment
Members may determine conditions on the licensing and assignment of
trademarks, it being understood that the compulsory licensing of trademarks shallnot be permitted and that the owner of a registered trademark shall have the right
to assign the trademark with or without the transfer of the business to which the
trademark belongs.Article 16. Rights under Certificate
1. The certificate owner has the right to give a permit (license) for the use of
trademark on the basis of the license agreement.
2. License agreement shall contain the provision that quality of goods and services,
produced or offered under the license agreement is not worse than the original
goods and services, and that the original owner shall exercise control over the
fulfillment of this agreement.+
SECTION 3:  GEOGRAPHICAL INDICATIONS The Law of Ukraine “On Protection of Rights to Indications of Origin of Goods”
Article 22. Protection of Geographical Indications
1. Geographical indications are, for the purposes of this Agreement,
indications which identify a good as originating in the territory of a
Member, or a region or locality in that territory, where a given quality,
reputation or other characteristic of the good is essentially attributable to itsgeographical origin.Article 1. Definition of terms
"Qualified indication of origin" is a term, which covers (integrates) the following terms:
- name of the place of the product origin; and
- geographical indication of the product origin.
"Name of the place of the product origin" (hereinafter referred to as the NPO) shall mean
the name of the geographical location used as an indication in the description of productsoriginating in the specified geographical location and having specific featuresexclusively or mainly due to the natural conditions characteristic of the given
geographical location or due to the combination of these natural conditions with the
human factor characteristic of the given geographical location;"Geographical indication of origin" (hereinafter referred to as the GIO) shall mean thename of the geographical location as an indication in the description of goods originating
in the specified geographical location and having certain qualities, reputation or other
characteristics mainly due to the natural conditions or the human factor characteristic ofthe given geographical location, or due to the combination of such natural conditions andhuman factor.+
_
2. In respect of geographical indications, Members shall provide the legal
means for interested parties to prevent:
(a) the use of any means in the designation or presentation of a good that 
indicates or suggests that the good in question originates in a 
geographical area other than the true place of origin in a manner which 
misleads the public as to the geographical origin of the good; and
(b) any use which constitutes an act of unfair competition within the 
meaning of Article 10bis of the Paris Convention (1967).Article 6. Provision of the Legal Protection of Indications of Origin
The legal protection of the simple indication of the product origin shall consist in the
prohibition of the use of indications, which either are false, or deceive customers as
regards the true geographical location of the product origin.
Article 17. Rights Resultant from the Registration of the Qualified Indication of the
Product Origin and/or the Right to Use the Same
The holder of the certificate shall be entitled:
a) to use the registered qualified indication of the product origin;
b) to take actions aimed at prohibitin g the illegitimate use of the qualified +
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indication of the product origin by pers ons, which are not entitled thereto; and
c) to require persons, who violated his rights, to stop the violations and provide the 
reimbursement for the material and moral damages according to the procedure established by the law.
Article 23. Violation of Rights to Us e the Indication of the Product Origin
1. The use of a false indication or an indication misleading the customer with regard to
the true place of the product origin shall constitute the violation of rights to use the
indication of the product origin.
2. Any encroachment on the right of the certificate holder to use the registered
qualified indication of the product origin shall entail the liability under the law.
3. The following is the violation of rights of the certificate holder to use the registered
qualified indication of the product origin:
a) the use of the registered qualified indication of the product origin by a person, 
which is not in possession of the certificate confirming the right to use it;
b) the use of the registered indication of the product origin, if the product in 
question does not originate from the geographical location registered for 
such an indication, even if the true place of the product origin or its 
indication is used in translated form or accompanied by terms such as "kind", "type", "style", "make", "imitation", etc.;
c) the use of the registered qualified indication of the product origin or another 
similar indication for the similar goods other than those described in the Register,
if such use misleads consumers with regard to the product origin and its specific properties or other characteristics, as well as for non-similar goods, if such use causes damage to the reputation of the registered indication or constitutes the 
illegitimate use of its reputation; and
d) the use of the registered qualified indication of the product origin as a generic 
name.
Article 24. Responsibility for Violations of the Right to Use the Qualified Indication of
the Product Origin
1. The violation of the right to use the qualified indication of the product origin shall
entail the civil, administrative or criminal responsibility under the law.
2. When importing into the customs territory of Ukraine a product marked with the
violation of rights of the legitimate users of (holders of the certificate for) the right
to use the indication of the origin, such a product may be temporarily detainedaccording to the procedure established by the law.
3. The holder of a certificate for the use of the indication of the origin shall be entitled
to require the perpetrator:WT/ACC/UKR/95
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a) to terminate actions, which violate the right or create a threat of the violation;
b) to withdraw the products with the illegitimate indication of the origin from the 
circulation;
c) to withdraw the illegitimately applie d indication of the origin from the 
product or its package or, if impossible, to destroy the products;
d) to reimburse for losses, including the lost revenue;e) to reimburse losses in the amount not ex ceeding the profit received by 
the perpetrator; and
f) to take other actions provided for by laws, associated with the protection 
of the rights to the indication of the product origin.
4. The holder of the certificate shall be entitled to refer to the court with a claim for the
termination of the violation and the reimbursement of the caused damage.
Article 25. Disputes to be  Settled by Courts of Law
According to their respective competence, the courts of law shall consider the disputes
on:
- the legality of the registration of the qualified indication of the product 
origin;
- the illegitimate use of the qualified indication of the product origin; and
- the import of products illegally marked with the qualified indication of 
the product origin in the customs territory of Ukraine.
3. A Member shall, ex officio if its legislation so permits or at the request of an
interested party, refuse or invalidate the registration of a trademark which
contains or consists of a geographical indication with respect to goods notoriginating in the territory indicated, if  use of the indication in the trademark
for such goods in that Member is of such a nature as to mislead the public asto the true place of origin.Article 14. Registration of the Qualified Indication of the Product Origin and/or the
Right to Use the Registered Qualified Indication of the Product Origin
The registration of the qualified indication of the product origin may constitute the basis
for declaring an earlier registered trademark consisting of only such an indication of the
product origin or contains the said indica tion as an element invalid, unless the owner of
the said trademark is the person entitled to use this indication and it belongs to the
trademark as an unprotected element.  The Law of Ukraine "On the Protection of Rightsto Trademarks for Goods and Services".
Article 6. Grounds for Refusal from Legal Protection
There cannot be registered trademarks which are identical, and hence cannot be
distinguished from trademarks previously registered, or applied for the registration in
Ukraine on the name of other person, where they regard similar goods and services.+
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4. The protection under paragraphs 1, 2 and 3 shall be applicable against a
geographical indication which, although literally true as to the territory,
region or locality in which the goods originate, falsely represents to thepublic that the goods originate in another territory.Article 8. Reasons for the Refusal to Prov ide the Legal Protection of the Qualified
Indication of the Product Origin
This Law shall not legally protect a qualifie d indication of the product origin, which:
- correctly indicates the geographical location of the product manufacture, but 
gives a customer an erroneous idea of the products' being manufactured in another geographical location.+
_
Article 23. Additional Protection for Geographical Indications for Wines andSpirits
1. Each Member shall provide the legal means for interested parties to prevent
use of a geographical indication identifying wines for wines not originating
in the place indicated by the geographical indication in question or
identifying spirits for spirits not originating in the place indicated by thegeographical indication in question, even where the true origin of the goodsis indicated or the geographical indication is used in translation or
accompanied by expressions such as "kind", "type", "style", "imitation" or
the like.There is no direct regulation for wines and alcoholic beverages in the Law, but see the
above articles 23 and 24 of this Law.+
2. The registration of a trademark for wines which contains or consists of a
geographical indication identifying wines or for spirits which contains or
consists of a geographical indication id entifying spirits shall be refused or
invalidated, ex officio if a Member's legislation so permits or at the requestof an interested party, with respect to  such wines or spirits not having this
origin.See the above Article 14 of this Law and paragraph 3 of Article 6 of the Law of Ukraine
“On Protection of Rights to Trademarks for Goods and Services”+
_
3. In the case of homonymous geographical indications for wines, protection
shall be accorded to each indication, subject to the provisions ofparagraph 4 of Article 22. Each Member shall determine the practicalconditions under which the homonymous indications in question will be
differentiated from each other, taking into account the need to ensure
equitable treatment of the producers concerned and that consumers are notmisled.Article 7. Conditions of the Pr ovision of the Legal Protection
The legal protection shall be provided to homonymic indications of the product origin,
provided that the measures to avoid the deception of customers as regards the actual
identification of the product, the geographical location of the product origin or its
boundaries are taken.+
4. In order to facilitate the protection of geographical indications for wines,
negotiations shall be undertaken in the Council for TRIPS concerning the
establishment of a multilateral system of notification and registration ofgeographical indications for wines eligible for protection in thoseMembers participating in the system.+
Article 24. International Negotiations;  Exceptions
1. Members agree to enter into negotiati ons aimed at increasing the protection
of individual geographical indications under Article 23.  The provisions of
paragraphs 4 through 8 below shall not be used by a Member to refuse to+WT/ACC/UKR/95
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conduct negotiations or to conclude bilateral or multilateral agreements.  In
the context of such negotiations, Memb ers shall be willing to consider the
continued applicability of these prov isions to individual geographical
indications whose use was the subject of such negotiations.
2. The Council for TRIPS shall keep under review the application of the
provisions of this Section;   the first such review sh all take place within two
years of the entry into force of the WTO Agreement.  Any matter affecting
the compliance with the obligations under these provisions may be drawn to
the attention of the Council, which, at the request of a Member, shall consult
with any Member or Members in respec t of such matter in respect of which
it has not been possible to find a satisfactory solution through bilateral orplurilateral consultations between the Members concerned.  The Council
shall take such action as may be agreed to facilitate the operation and further
the objectives of this Section.+
3. In implementing this Section, a Member shall not diminish the protection of
geographical indications that existed in that Member immediately prior to
the date of entry into force of the WTO Agreement.+
4. Nothing in this Section shall require a Member to prevent continued and
similar use of a particular geographical indication of another Memberidentifying wines or spirits in connection with goods or services by any of
its nationals or domiciliaries who have used that geographical indication in a
continuous manner with regard to the same or related goods or services inthe territory of that Member either (a) for at least ten years preceding 15April 1994 or (b) in good faith pr eceding that date._
5. Where a trademark has been applied for or registered in good faith, or where
rights to a trademark have been acquired through use in good faith either:
(a) before the date of application of these provisions in that Member as 
defined in Part VI;  or
(b) before the geographical indication is protected in its country of 
origin.
6. Measures adopted to implement this Section shall not prejudice eligibility
for or the validity of the registration of a trademark, or the right to use a
trademark, on the basis that such a trademark is identical with, or similar to,a geographical indication.Article 14. Registration of the Qualified Indication of the Product Origin and/or the
Right to Use the Registered Qualified Indication of the Product Origin
The registration of the qualified indication of the product origin may constitute the basis
for declaring an earlier registered trademark consisting of only such an indication of theproduct origin or contains the said indica tion as an element invalid, unless the owner of
the said trademark is the person entitled to use this indication and it belongs to the
trademark as an unprotected element._
7. Nothing in this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with respect to
goods or services for which the relevant indication is identical with the termcustomary in common language as the common name for such goods orservices in the territory of that Me mber.  Nothing in this Section shall+
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require a Member to apply its provisions in respect of a geographical
indication of any other Member with respect to products of the vine forwhich the relevant indication is iden tical with the customary name of a
grape variety existing in the territory of that Member as of the date of entry
into force of the WTO Agreement.
8. A Member may provide that any request made under this Section in
connection with the use or registration of a trademark must be presentedwithin five years after the adverse use of the protected indication hasbecome generally known in that Member or after the date of registration of
the trademark in that Member provided that the trademark has been
published by that date, if such date is earlier than the date on which theadverse use became generally known in that Member, provided that thegeographical indication is not used or registered in bad faith.
9. The provisions of this Section shall in no way prejudice the right of any
person to use, in the course of trade, that person’s name or the name of
that person’s predecessor in business, except where such name is used insuch a manner as to mislead the public._
_
10. There shall be no obligation under this Agreement to protect geographical
indications which are not or cease to be protected in their country of origin,
or which have fallen into disuse in that country.Article 8. Reasons for the Refusal to Prov ide the Legal Protection of the Qualified
Indication of the Product Origin.
This Law shall not legally protect a qualified indication of the product origin associated
with a geographical location in a foreign country, provided that:
(a) Ukraine has not concluded a relevant agreement with the foreign country 
on the reciprocal protection of this type of the indication of the product origin; 
and
(b) this indication is not protected in the foreign country in question.+
SECTION 4:  INDUSTRIAL DESIGNS
Article 25. Requirements for Protection
1. Members shall provide for the protection of independently created industrial
designs that are new or original.  Members may provide that designs are notnew or original if they do not significantly differ from known designs or
combinations of known design features.  Members may provide that such
protection shall not extend to designs dictated essentially by technical orfunctional considerations.+
_
2. Each Member shall ensure that requirements for securing protection for
textile designs, in particular in regard to any cost, examination or
publication, do not unreasonably impair the opportunity to seek and obtainsuch protection.  Members shall be free to meet this obligation throughindustrial design law or through copyright law.WT/ACC/UKR/95
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Article 26. Protection
1. The owner of a protected industrial design shall have the right to prevent
third parties not having the owne r’s consent from making, selling or
importing articles bearing or embodying a design which is a copy, or
substantially a copy, of the protected design, when such acts are undertaken
for commercial purposes.Article 20. Rights under Patent
1. Use of industrial design shall mean its use, offer for sale, setting forth into
economic turnover, or keeping for the purposes above the product produced withuse of the industrial design under the patent.
2. The patent shall give to its owner the right to prevent from other persons to use the
industrial design without his permit, except for the cases, where the use of the
industrial design is not regulated by this Law.
3. The rights do not cover imports and goods, which to the big extend, are the copies
of a design.
Part VII Protection of rights
Article 26. Violation of Patent's Owner's Rights
1. Any actions against the rights of the patent's owner, contained in article 20 of this
Law, shall be considered as violations of the patent's owner's rights, which caused
the responsibilities in accordance with the current legislation of Ukraine.
2. On the patent's owner's demand such violation shall be terminated and the violator
shall compensate the caused losses.
Article 27. Disputes Settled in Court
Courts, within their competence, shall settle disputes on establishing  the author of the
industrial design.+
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2. Members may provide limited exceptions to the protection of industrial
designs, provided that such exceptions do not unreasonably conflict with
the normal exploitation of protected industrial designs and do notunreasonably prejudice the legitimate interests of the owner of theprotected design, taking account of the legitimate interests of third parties.Article 21 Alienation of Rights.
1. Coming from the economic interests and the national security interests the Cabinet
of Ministers of Ukraine has the right to use the industrial design under the patentwithout the agreement of the patent owner, but it provides the just compensation tohim.
2. Disputes as to the conditions of giving a permit, and paying the compensation and
its amount shall be settled in court.
Article 22. Actions Not Recognised as Violation of Rights
1. Any person, who before the application is submitted to the Department, or the
priority is claimed, in the interests of hi s activities duly used in Ukraine the claimed
industrial design and implemented a hard preparatory work for this use, shall keepthe right on the free of charge use of this industrial design, as it was provided due tothe named preparation work (the right of advanced use).
2. The right of advanced use may be transferred only together with the enterprise or
business practice, or that part of the enterprise which used the named industrial
design, or realized a serious preparatory work for such use.
3. There shall not be considered as violation of the rights under the patent the use of
the industrial design under the patent in the following cases construction orexploitation of a transport mean of a foreign country which temporary or
incidentally stays in the Ukrainian waters, air, or land, provided the industrial
design is used exclusively for the requirements of this transport mean; withoutcommercial purpose, for a scientific purpose, or as an experiment; extraordinarysituations (calamities, accidents, epidemics, etc.).
4. There shall not be recognized as violation of the rights under patent the setting forth
into economic turnover of the goods, produced with use of the industrial design,
which followed the same goods being set forth into the economic turnover by thepatent owner, or it was made on his special permit.+
3. The duration of protection available shall amount to at least ten years. Article 5. Conditions for Legal Protection
The right of property for an industrial design shall be certified by the patent.  The
validity term of the patent for industrial design shall be ten years since the date of
submitting the application to the Department, and shall be extended by the Department
on request of the patent's owner, but no more than for 5 years.+WT/ACC/UKR/95
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SECTION 5:  PATENTS.
Article 27. Patentable Subject-matter
1. Subject to the provisions of paragraphs 2 and 3, patents shall be available
for any inventions, whether products or processes, in all fields of
technology, provided that they are new, involve an inventive step and are
capable of industrial application.1Law of Ukraine "On Protection of Rights  to Inventions and Utility Models".
Article 1. Definitions of Terms
The terms listed herein below shall have the following meaning:
- ‘invention’ shall be understood as a technological (technical) solution, 
which meets the conditions of the patentability (novelty, involvement of an inventive step and capability of industrial application).
Article 6. Conditions of the Legal Protection
The legal protection shall be granted to an invention (useful model), which does not
contradict public interest, principles of humanity and moral and complies with
patentability conditions.
Article 7. Patentability Conditions of an Invention, Useful Model
An invention shall meet patentability conditions if it is novel, involves an inventive step
and is capable of industrial application.+
_
2. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and
paragraph 3 of this Article, patents shall be available and patent rightsenjoyable without discrimination as to the pl ace of invention, the field of
technology and whether products are imported or locally produced.Article 5. Rights of Foreign and Stateless Persons
Foreign and stateless persons shall enjoy rights provided for hereby on an equal basis
with citizens of Ukraine according to international treaties of Ukraine ratified by the
Supreme Rada of Ukraine as binding.+
3. Members may exclude from patentability inventions, the prevention within
their territory of the commercial exploitation of which is necessary toprotect order public or morality, including to protect human, animal or plant
life or health or to avoid serious prejudice to the environment, provided that
such exclusion is not made merely because the exploitation is prohibited bytheir law.Article 6. Conditions of the Legal Protection
The legal protection shall be granted to an invention (useful model), which does not
contradict public interest, principles of humanity and moral and complies withpatentability conditions.+
4. Members may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the 
treatment of humans or animals; and
(b) plants and animals other than micro-organisms, and 
essentially biological processes for the production of plants or Article 6. Conditions of the Legal Protection
1. The design of a device may be an object of a useful model.
2. The following shall not be eligible for the legal protection hereunder;
- plant varieties and animal breeds.+
                                                     
    1For the purposes of this Article, the terms "inventive step" and "capable of industrial application" may be deemed by a Member to be synonymous with the terms "non-obvious" and "useful"
respectively.WT/ACC/UKR/95
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animals other than non-biological and microbiological 
processes.  However,  Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.  The provisions of 
this subparagraph shall be reviewed four years after the date of entry 
into force of the WTO Agreement.3. Plant varieties are protected by the Law “On Protection of Rights to Varieties of
Plants”.
Article 28.  Rights Conferred
1. A patent shall confer on its owner the following exclusive rights:
(a) where the subject matter of a patent is a product, to prevent third 
parties not having the owner’s consent from the acts of:  making, 
using, offering for sale, selling, or  importing2 for these purposes that 
product; and
(b) where the subject matter of a pate nt is a process, to prevent third 
parties not having the owner’s consent from the act of using the 
process, and from the acts of:  using, offering for sale, selling, or 
importing for these purposes at least the product obtained directly by that process.Article 28. Rights Resulting from a Patent
1. The patent shall confer on its holder the ex clusive right to use the invention (useful
model) at his discretion, unless such use infringes upon rights of other patent
holders.
2. The following shall be considered to be use of an invention (useful model):
- manufacture, offering for sale, application or importation, storage, 
introduction of a product in the business turnover otherwise for the above 
mentioned purposes, provided that the product has been manufactured using 
the patented invention (useful model);
- application of the method protected by the patent or offering thereof for the 
application in Ukraine, if the person offering such method is aware of such 
application's being prohibited without consent of the patent holder or, in view 
of circumstances, it is obvious; and
- offering for sale, introduction in the business turnover, application or 
importation or storage for the above-mentioned purposes of a product 
directly manufactured by the method protected by the patent.
3. The patent shall confer upon its holder the right to prohibit other persons from using
the invention (useful model) without his consent, except for cases, when such use isnot considered to be the infringement upon rights conferred by the patent hereunder.
Article 6. Conditions of the Legal Protection
A patent (declarative patent) granted for a method of obtaining a product shall also apply
to the product directly derived using such method.+
+
2. Patent owners shall also have the right to assign, or transfer by succession,
the patent and to conclude licensing contracts.Article 10. Right of a Successor
The right to obtain a patent may be enjoyed by a successor of the inventor or that of the
employer respectively.
                                                     
    2This right, like all other rights conferred under this Agreement in respect of the use, sale, importation or other distribution  of goods, is subject to the  provisions of Article 6.WT/ACC/UKR/95
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Article 28. Rights Resulting from a Patent
1. A patent holder may cede the title to an invention (useful model) on a contractual
basis to any person, which becomes his successor. Such cession in respect of a
secret invention (useful model) shall be effected only in concurrence with the State
Expert.
2. A patent holder shall grant a permit (licence) to any person for the use of the
invention (useful model) on the basis of a licence agreement.
3. Succession is not stipulated.
Article  29. Conditions on Patent Applicants
1. Members shall require that an applicant for a patent shall disclose
the invention in a manner sufficiently clear and complete for theinvention to be carried out by a person skilled in the art and mayrequire the applicant to indicate the best mode for carrying out theinvention known to the inventor at the filing date or, where priorityis claimed, at the priority date of the application.Article 12. Application.
1. The description of the invention (useful m odel) shall be set forth according to the
established procedure and disclose the content of the invention (useful model) soclearly and fully that a specialist in the relevant field be able to produce it.
2. The formula of the invention (useful model) shall express its content, be based upon
the description and be set forth clearly and concisely according to the established
procedure.+
2. Members may require an applicant for a patent to provide information
concerning the applicant’s corresponding foreign applications and grants.+
Article 30. Exceptions to Rights Conferred
Members may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict with a normal
exploitation of the patent and do no t unreasonably prejudice the legitimate
interests of the patent owner, taking acc ount of the legitimate interests of third
parties.Article 31. Actions not Deemed to Constitute Infringement upon Rights
1. Any person, which has used the technological (technical) solution identical to the
claimed invention (useful model) in the interests of his activities for commercial
purposes bona fide or made considerable and serious preparations to such use prior
to the date of the submission of an applica tion to the Institution or, if the priority is
claimed, prior to the date of priority, sha ll retain the right to the gratis continuation
of such use or to the use of the invention (useful model) envisaged by the saidpreparations (right of prior use).
2. The right of prior use shall be restricted by the scope of the use of the solution
identical to the claimed invention, which existed as of the application submission
date.
3. The right of prior use may be transferred or passed on to another person only
together with the enterprise or the busine ss practice or the part of the enterprise or
the business practice, where the solution identical to the claimed invention (useful
model) was used or considerable and serious preparations for such use were made.
4. The following use of the patented invention (useful model) shall not be considered
to constitute the infringement upon rights resulting from a patent:- the use in the design or in the course of the operation of a vehicle of a 
foreign state, which sojourns temporarily or accidentally in waters, airspace or 
on the territory of Ukraine, provided that the invention (useful model) is being +WT/ACC/UKR/95
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used solely for the needs of the said vehicle;
- the use without commercial purposes;- the use for scientific or experimental purposes;- the use in case of extraordinary situations (acts of God, disasters, 
epidemics, etc.); and
- the use for the one-time production of medicines in pharmacies 
according to a doctor's prescription.
5. The introduction in business turnover of a product manufactured using the patented
invention (useful model) by any person, which acquired it without infringing upon
rights of the holder, shall not be considered to constitute infringement upon rightsresulting from a patent.
6. A product manufactured using the patented invention (useful model) shall be
deemed to have been acquired without infringing upon rights of the patent holder, if
such product has been manufactured and/or introduced in the turnover after the
manufacture by the patent holder or another person upon special permit (licence) ofthe patent holder.
7. The use of an invention for commercial purposes by any person, which acquired a
product manufactured using the patented invention and could not know that such
product has been manufactured or introduced in the turnover with infringement
upon rights conferred by the patent, shall not be considered to constitute theinfringement upon rights resulting from the patent. However, upon receipt of anappropriate notice of the owner of rights, the said person shall cease using the
product or pay the owner of rights relevant costs, whose amount shall be ascertained
according to laws or upon consent of the parties. The disputes related to suchpayments and the disbursement procedur es shall be settled by way of a court
procedure.WT/ACC/UKR/95
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Article 31. Other Use Without Authorization of the Right Holder
1. Where the law of a Member allows for other use3 of the subject matter of a
patent without the authorization of th e right holder, including use by the
government or third parties authorized by the government, the following
provisions shall be respected:
- authorization of such use shall be considered on its individual 
merits.Article 30. Forced Alienation of Rights to an Invention (Useful Model)
1. If an invention (useful model), except for a secret invention (useful model), has not
been used or has been used not fully in Ukraine during three years after the date of
the publication of the information on the pa tent issue or after the date, when the use
of the invention (useful model) was terminated, then any person desirous of and
prepared to using the invention (useful model) may refer to the court of law with anapplication for a permit to use the invention (useful model) on a non-exclusivelicence conditions, in case of the refusal of the owner of rights to conclude a licence
agreement.
2. Unless the patent holder proves that the failure to use the invention (useful model)
was caused by justifiable reasons for non-use, the court of law shall pass a decisionto grant the permit to the interested person to use the invention (useful model) on anon-exclusive licence conditions stating the scope of the application, the term of
validity of the permit, the amount and the procedure of the payment of emoluments
to the patent holder.
3. Taking into account the public interest and in case of the state of martial law or the
state of emergency, the Cabinet of Ministers of Ukraine shall have the right to allowa person nominated by it to use the invention (useful model) without consent of the
holder of the patent (declarative patent) on non-exclusive licence conditions with
the payment of an appropriate compensation to the patent holder.
4. Disputes related to conditions of granting licences and the payment of
compensations and the amount thereof shall be settled by way of court procedure.+
2. This requirement may be waived by a Member in the case of a national
emergency or other circumstances of extreme urgency or in cases of public
non-commercial use.Article 31. Actions not Deemed to Constitute Infringement upon Rights
1. The following use of the patented invention (useful model) shall not be considered
to constitute the infringement upon rights resulting from a patent:
- the use in the design or in the course of the operation of a vehicle of a 
foreign state, which sojourns temporarily or accidentally in waters, airspace or on the territory of Ukraine, provided that the invention (useful model) is being used solely for the needs of the said vehicle;
- the use without commercial purposes;
- the use for scientific or experimental purposes;- the use in case of extraordinary situations (acts of God, disasters, 
epidemics, etc.); and
- the use for the one-time production of medicines in pharmacies 
according to a doctor's prescription.+
                                                     
    3"Other use" refers to use other than that allowed under Article 30.WT/ACC/UKR/95
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3. In situations of national emergency or other circumstances of extreme
urgency, the right holder shall, nevertheless, be notified as soon as
reasonably practicable.  In the case of public non-commercial use, where thegovernment or contractor, without making a patent search, knows or hasdemonstrable grounds to know that a valid patent is or will be used by or for
the government, the right holder shall be informed promptly.2. The Procedure for Providing a Permit by the Cabinet of Ministers of Ukraine for
Using the Invention (Utility M odel), Industrial Design or Topology of an Integrated
Circuit Design with the Ri ght Holder’s Consent, but with Compensation to Him is
approved by the Cabinet of Ministers of Ukraine 6 April 1998, No.444 (further on –Procedure).  P. 7 of the Procedure – "The State Department notifies all interested
parties about the decision adopted by the Cabinet of Ministers of Ukraine".
Urgency of this notification is not mentioned.+
_
4. The scope and duration of such use shall be limited to the purpose for
which it was authorized, and in the case of semi-conductor technology
shall only be for public non-commercial use or to remedy a practice
determined after judicial or administrative process to be anti-competitive;
- such use shall be non-exclusive;
- such use shall be non-assignable, except with that part of the 
enterprise or goodwill which enjoys such use;
- any such use shall be authorized predominantly for the supply 
of the domestic market of the Member authorizing such use;
- authorization for such use shall be liable, subject to adequate 
protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances which led to it cease to exist and are unlikely to recur.  The competent 
authority shall have the authority to review, upon motivated request, 
the continued existence of these circumstances;
- the right holder shall be paid adequate remuneration in the 
circumstances of each case, taking into account the economic 
value of the authorization;
- the legal validity of any decision relating to the authorization 
of such use shall be subject to judicial review or other independent review by a distinct higher authority in that Member;
- any decision relating to the remuneration provided in respect 
of such use shall be subject to judicial review or other 
independent review by a distinct higher authority in that Member;
- Members are not obliged to apply the conditions set forth in 
subparagraphs (b) and (f) where such use is permitted to remedy a 
practice determined after judicial or administrative process to be anti-
competitive.  The need to correct anti-competitive practices may be taken into account in determining the am ount of remuneration in 
such cases.  Competent authorities sh all have the authority to refuse 
termination of authorization if and when the conditions which 
led to such authorization are likely to recur;3. See above paragraph 1 of Point 3 of Article 30 of the Law
(a) Current legislation of Ukraine does not provide for the transfer of permit
for use.
4. Point 8 of the Procedure. “In case there are violations in the use of the object by a
person who is provided with the permit to use it, the Cabinet of Ministers of
Ukraine can terminate the previously issued permit. The decision  on the issue of a
permit can also be terminated, if there won’t be grounds any more for its issue.
5. Point 6 of the Procedure “The amount of compensation paid to the right holder and
the procedure for its payment are determined in the Decision"
6. Point 9 of the Procedure “The decision of the Cabinet of Ministers of Ukraine on
the issue of a permit to use the object, terms and conditions for its use, the amount
of compensation paid to the right holder and the procedure for its payment may be
appealed by the interested person in an order determined by the legislation”.+
__
_
+
_
+
+
+
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- where such use is authorized to permit the exploitation of a patent 
("the second patent") which cannot be exploited without infringing another patent ("the first patent"), the following additional conditionsshall apply:
- the invention claimed in the second patent shall involve an 
important technical advance of considerable economic significance in relation to the invention claimed in the first patent;
- the owner of the first patent shall be entitled to a cross-licence 
on reasonable terms to use the invention claimed in the second 
patent;  and
- the use authorized in respect of the first patent shall be non-
assignable except with the assignment of the second patent.Article 30. Forced Alienation of Rights to an Invention (Useful Model)
A patent holder shall be obliged to grant a permit (licence) for the use of the invention
(useful model) to a holder of a patent grante d later, if the latter's invention (useful model)
is intended for attaining another objective or has considerable technical and economic
advantages but may not be used without infringement on rights of the owner of the patent
granted earlier. The permit shall be granted in the scope required to use the invention(useful model) by the holder of the patent granted later. In this case, the owner of thepatent granted earlier shall have the right to obtain a licence for using the invention
(useful model), which is protected by the pate nt granted later, on favourable conditions.+
+
+
_
Article 32. Revocation/Forfeiture
An opportunity for judicial review of any decision to revoke or forfeit a patent
shall be available.Article 35. Disputes to be Settled by Way of Court Procedure
According to their competence, the courts shall consider the disputes related to:
- the invalidation of a patent;
- ascertaining the patent holder; and
- the issue of a forced license.+
Article 33. Term of Protection
The term of protection available shall not end before the expiration of a period
of twenty years counted from the filing date.4Article 6. Conditions of the Legal Protection
The term of validity of a patent of Ukraine for invention shall be 20 years from the date
of the submission of the application to the Institution.+
Article 34. Process Patents:  Burden of Proof
1. For the purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28, if the subject
matter of a patent is a process for obtai ning a product, the judicial authorities
shall have the authority to order the defendant to prove that the process toobtain an identical product is different from the patented process.Therefore, Members shall provide, in at least one of the following
circumstances, that any identical product when produced without the
consent of the patent owner shall, in the absence of proof to the contrary, bedeemed to have been obtained by the patented process:
(a) if the product obtained by the patented process is new; and
(b) if there is a substantial likelihood that the identical product 
was made by the process and the owner of the patent has been +
                                                     
    4It is understood that those Members which do not have a system of original grant may provide that the term of protection shall be computed from the filing date in the system of original grant.WT/ACC/UKR/95
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unable through reasonable efforts to determine the process 
actually used.
2. Any Member shall be free to provide that the burden of proof indicated in
paragraph 1 shall be on the alleged infringer only if the condition referred to
in subparagraph (a) is fulfilled or only if the condition referred to in
subparagraph (b) is fulfilled.
3. In the adduction of proof to the contrary, the legitimate interests of
defendants in protecting their manufacturing and business secrets shall betaken into account.
SECTION 6:  LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATEDCIRCUITSArticle 35. Relation to the IPIC Treaty
Members agree to provide protection to the layout-designs (topographies) of
integrated circuits (referred to in th is Agreement as "layout-designs") in
accordance with Articles 2 through 7 (other than paragraph 3 of Article 6),
Article 12 and paragraph 3 of Article 16 of the Treaty on Intellectual Property
in Respect of Integrated Circuits and, in addition, to comply with the following
provisions.The Law of Ukraine “On Protection of Rights to Topologies of Integrated Circuit
Design”.
Article 36. Scope of the Protection
Subject to the provisions of paragraph 1 of Article 37, Members shall consider
unlawful the following acts if performed without the authorization of the right
holder  importing, selling, or otherwis e distributing for commercial purposes a
protected layout-design, an integrated circuit in which a protected layout-designis incorporated, or an article incorporating such an integrated circuit only in so faras it continues to contain an unlawfully reproduced layout-design.Article 16. Rights stipulated by the registration of a topology of an integrated circuit
design
Registration provides the owner of the register ed topology of an ICD with the right to:
- prohibit other persons from using a topology on an ICD without his permit, 
except those cases, when  such use is not determined by Article 17 of this Law as a violation of rights of the owner of a registered ICD topology.
Use of a topology encompass:
- copying of the topology of ICD;
- production of ICD with the help of the given topology;
- production of any goods, which contain such ICDs;
- importation of such ICDs and products containing them into the customs 
territory of Ukraine; and
- introduction of them into commerce, sale, storage with the above purposes and 
other introduction into turnover of the ICDs produced with the help of the 
given topology, as well as any goods, which contain such ICDs.+WT/ACC/UKR/95
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Article 21. Violations of rights of the owner of a registered topology of the ICD
Any trespass to the rights of the owner of a registered topology of ICD, defined in
Article 16 of this Law, shall be considered to be a violation of the owner’s rights, which
entails the responsibility according to the current  Ukrainian legislation.
Article 37. Acts Not Requiring the Authorization of the Right Holder
1. Notwithstanding Article 36, no Member shall consider unlawful the
performance of any of the acts referred to in that Article in respect of an
integrated circuit incorporating an unlawfully reproduced layout-design or
any article incorporating such an integrated circuit where the personperforming or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circu it, that it incorporated an unlawfully
reproduced layout-design.Article 17. Actions, which are not recognized as a violation of rights to the registered
topology of ICD
Use of an ICD by any person, who obtained it and, along with this, did not know and
could not know that this ICD or a product containing it were produced with the violationof rights, which are granted with the registra tion of a topology of ICD, is not considered
as a violation of rights granted with the registration of an ICD. However, after obtaining
an appropriate notification from the owner of the rights, the above person shall reimbursehim the sum they will agree upon. Disputes on the reimbursement and the procedure for
its payment are settled in a judicial order.+
_
2. Members shall provide that, after the time that such person has received
sufficient notice that the layout-design was unlawfully reproduced, that
person may perform any of the acts with respect to the stock on hand orordered before such time, but shall be liable to pay to the right holder a sumequivalent to a reasonable royalty such as would be payable under a freely
negotiated licence in respect of such a layout-design.
3. The conditions set out in subparagraphs (a) through (k) of Article 31 shall
apply mutatis mutandis in the event of any non-voluntary licensing of alayout-design or of its use by or for the government without the
authorization of the right holder.Article 19. Use of a registered topology of ICD without the owner’s consent
1. Following from the public interests and nati onal security consideration, the Cabinet
of Ministers of Ukraine may allow the use of a registered topology of ICD without
the owner’s consent, but with an appropriate reimbursement to him.
2. Disputes on the conditions for granting a permit and reimbursement, and its amount
are settled in a judicial order.+
_
Article 38. Term of Protection
1. In Members requiring registration as a condition of protection, the term of
protection of layout-designs shall not end before the expiration of a period
of 10 years counted from the date of filing an application for registration or
from the first commercial exploitation wherever in the world it occurs.Article 4. Conditions for providing legal protection to the topology of ICD
An exclusive right to use the topology of an ICD is proved by a certificate, which
confirms the registration of a topology of ICD. The certificate is valid during ten years
from the date of submission of an application to the Agency, or from the date of the first
use of the topology of ICD provided, that not more than two years passed since this dateand the date of submission of an application to the Agency.+
_
2. In Members not requiring registration as a condition for protection, layout-
designs shall be protected for a term of no less than ten years from the date
of the first commercial exploitation wherever in the world it occurs.+
3. Notwithstanding paragraphs 1 and 2, a Member may provide that protection
shall lapse 15 years after the creation of the layout-design.+WT/ACC/UKR/95
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SECTION 7: PROTECTION OF UNDISCLOSED INFORMATION
Article 39
1. In the course of ensuring effective protection against unfair competition as
provided in Article 10bis of the Paris Convention (1967), Members shall
protect undisclosed information in accordance with paragraph 2 and data
submitted to governments or governmental agencies in accordance withparagraph 3._
2. Natural and legal persons shall ha ve the possibility of preventing
information lawfully within their cont rol from being disclosed to, acquired
by, or used by others without their consent in a manner contrary to honestcommercial practices so long as such information:
(a) is secret in the sense that it is not, as a body or in the precise 
configuration and assembly of its components, generally known
among or readily accessible to persons within the circles thatnormally deal with the kind of information in question;
(b) has commercial value because it is secret;  and
(c) has been subject to reasonable steps under the circumstances, 
by the person lawfully in control of the information, to keep it secret.The Law of Ukraine "On Information".
Article 45. Protection of the Right to Information
1. The right to information shall be protected by the law. The state shall guarantee all
participants in information relationships equal rights and opportunities in terms of
information access.
2. No one shall restrict the right of the person to choose the form and sources of
information, except in cases provided by law.
3. Information right entities may demand the elimination of any infringements on this
right.
Article 46. Inadmissibility of Abuses of the Right to Information
Information legally qualified as state or other secrets shall not be disclosed.
Law of Ukraine “On Protection Against Unfair Competition”.
Article 16.  Unlawful Collection of Commercial Secrets
Unlawful collection of commercial secrets shall be understood as illegally obtaining data
which is qualified by Ukraine’s legislation as confidential commercial information, if by
doing so a business entity (entrepreneur) has been or can be damaged.
Article 17. Disclosure of Commercial Secrets
Disclosure of commercial secrets shall be understood as disclosure of information
qualified under Ukraine’s legislation as confidential by the party entrusted with this
information to a third party without the knowledge and consent of the authorized party,provided this information was entrusted to that party in due course or was made knownin that party’s line of duty, and provided this disclosure has damaged or can damage thegiven business entity (entrepreneur).+
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Article 18. Instigating to Di sclose Commercial Secrets
Instigating to disclose commercial secrets shall be understood as instigating a person
duly entrusted with information qualified as commercial secrets under Ukraine’slegislation or made privy to it in the line of duty to disclose this information, provided
this disclosure has damaged or can damage the given business entity (entrepreneur).
Article 19. Unlawful Use of Commercial Secrets
Unlawful use of commercial secrets shall be understood as information used in
production or taken into account when planning and doing business, which information
was illicitly obtained, without the knowledge a nd consent of the authorized person, and
which is qualified as a commercial secret under the laws of Ukraine.
Law of Ukraine “On Enterprises in Ukraine”.
Article 30.
Commercial secret encompass the data related to: production, technological information,
management, financing and other activity of an enterprise, which are not the state secret
that might cause damage to the State upon disclosure (transferring, leakage).
3. Members, when requiring, as a condition of approving the marketing of
pharmaceutical or of agricultural chemical products which utilize new
chemical entities, the submission of undisclosed test or other data, the
origination of which involves a considerable effort, shall protect such dataagainst unfair commercial use.  In addition, Members shall protect such dataagainst disclosure, except where necessary to protect the public, or unlesssteps are taken to ensure that the data are protected against unfair
commercial use._
PART III.  ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
SECTION 1:  GENERAL OBLIGATIONS
Article 41
1. Members shall ensure that enforcement procedures as specified in this Part
are available under their law so as to permit effective action against any actof infringement of intellectual property rights covered by this Agreement,
including expeditious remedies to prevent infringements and remedies
which constitute a deterrent to further infringements.  These proceduresshall be applied in such a manner as to avoid the creation of barriers tolegitimate trade and to provide for safeguards against their abuse.The Constitution of Ukraine (Art. 41, 54); the Civil Code of Ukraine (Art.517-523); the
Civil Procedural Code (Art.70, 126, 218, 374); the Criminal Code of Ukraine (Art.136,
137); Code of Ukraine on Administrative Violations 9Art. 51, 164, 221, 255, 294); Code
of Ukrainian Laws on Labor (Art.42, 91, 126); the Customs Code of Ukraine (Art.74, 89,150); Law of Ukraine "On Protection of Rights to Industrial Design" of 15 December1993, No. 3688-XII; Law of Ukraine "On Protection of Rights to Trademarks for Goods
and Services" of 15 December 1993, No. 3689-XII; Law of Ukraine "On Protection of
Rights to Topologies of Integrated Circuit Design" of 5 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-IXV; 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 IntellectualProperty Protection" of 28 February 1995, No. 75/95; Law of Ukraine "On Copyright+
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and Related Rights" of 23 December 1993, No. 3792-XII; Law of Ukraine "On the
Distribution of Copies of Audiovisual Works and Phonograms" adopted by the SupremeRada on 23 March 2000; Law of Ukraine "On Property" (Art.13, 40-42); Law of Ukraine"On Enterprises in Ukraine" (Art. 1, 9, 15); Law of Ukraine "On Foreign Investment"
(Art.3, 135); Law of Ukraine "On Taxation of Profits of Enterprises and Organizations"
(Art.3); Law of Ukraine "On Foreign Economic Activity" (Art.17, 31); Law of Ukraine"On Protection of the Atmosphere" (Art.29); Law of Ukraine "On Television and RadioBroadcasting" (Art.30); Law of Ukraine "On Seeds" (Art.2,4); Law of Ukraine "On
Businesses" (Art.13).
2. Procedures concerning the enforcement of intellectual property rights shall
be fair and equitable.  They shall not be unnecessarily complicated or costly,or entail unreasonable time-limits or unwarranted delays.The Civil Procedural Code of Ukraine .
Article 6.
In civil cases justice shall be administered exclusively by the court based on the
principles of equality before the law and the court of all the citizens regardless of theirorigin, social and property, or racial a nd national status, sex, language, attitude to
religion, type and nature of occupation, residence or any other circumstances.+
3. Decisions on the merits of a case shall preferably be in writing and
reasoned.  They shall be made available at least to the parties to theproceeding wit hout undue delay.  Decisions on the merits of a case shall be
based only on evidence in respect of which parties were offered the
opportunity to be heard.
4. Parties to a proceeding shall have an opportunity for review by a judicial
authority of final administrative decisions and, subject to jurisdictional
provisions in a Member's law concerning the importance of a case, of at
least the legal aspects of initial judicial decisions on the merits of a case.However, there shall be no obligation to provide an opportunity for reviewof acquittals in criminal cases.The Civil  Procedural Code of Ukraine
Article 211.
The decision made shall be put in written by the chairman or one of the judges if the case
was judged collectively. This decision shall be signed up by all the court body members,who take part in making decision.
Article 202.
The court’s decision shall be legal and well-founded. The court shall found its decision
only on the evidences, looked into during the court session.+
+
5. It is understood that this Part does not create any obligation to put in pl ace a
judicial system for the enforcement of intellectual property rights distinctfrom that for the enforcement of law in general, nor does it affect thecapacity of Members to enforce their la w in general.  No thing in this Part
creates any obligation with respect to the distribution of resources as
between enforcement of intellectual property rights and the enforcement of
law in general.+WT/ACC/UKR/95
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SECTION 2: CIVIL AND ADMINISTRATIVE PROCEDURES AND
REMEDIESArticle 42. Fair and Equitable Procedures
Members shall make available to right holders civil judicial procedures
concerning the enforcement of any intellectual property right covered by thisAgreement.  Defendants shall have the right to written notice which is timely andcontains sufficient detail, including the basis of the claims.  Parties shall be
allowed to be represented by independent legal counsel, and procedures shall not
impose overly burdensome requirements concerning mandatory personalappearances.  All parties to such proce dures shall be duly entitled to substantiate
their claims and to present all relevant evidence.  The procedure shall provide a
means to identify and protect confidential information, unless this would be
contrary to existing constitutional requirements.The Civil Procedural Code of Ukraine
Article 4. Right to refer to the court for legal protection
Any interested person is eligible to refer to the court in the order determined by law for
protection of his breached or claimed right or protected interest.  Resignation from theright to refer to the court is not valid.
Article 10. Publicity of the judicial examination
Cases in all courts shall be open, unless it in fringes interests of state secrets protection.
Besides this, non-public judicial examination is allowed upon well-motivated decision of
the court which is aimed at non-disclosing of information on intimate life of the persons
involved, as well as to provide for the secret of adoption.
Article 99. Rights and duties of the persons taking part in the case
Persons involved in judicial case are eligible to be familiar with the case materials, make
extracts from them, receive copies of the decisions, resolutions and other documents thatare in the case, submit evidences and take part in their examination, declare petitions andobject them, submit verbal and written explanati ons to the court, suggest their arguments,
considerations and objections, object to court’s decisions and resolutions, as well as
benefit from other procedural rights provided by law.
Article 110. Types of representation
Citizens are entitled to conduct their cases in person or via their representatives.
Citizen’s personal participation in the case does not deprive him of the right to havesome representative in this case.  Legal persons’ cases shall be conducted by their
bodies, which act within their powers provided by law or statute, or by their
representatives.  Managers of the organizations which act as the bodies of the legalpersons shall submit to the court documents certifying their professional status andpowers.+
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Article 137. Content and form of the statement of claim
1. Statement of claim shall be filed to the court in writing.  Statement of claim shall
contain:
- contents of the suit demands;
- circumstances on which the suit demands are based; and- evidences that are to prove the suit.
2. Statement of claim shall be accompanied by the written evidences.  If the suit
declaration is submitted by the plaintiff’s re presentative, power of attorney or other
document to prove representative’s powers shall be attached to the declaration.
Article 138. Filing of the statement of claim and attached documents copies
Plaintiff shall file statement of claim along with its copies according to the number of
respondents.  In case the judge considers necessary, depending on complexity andcharacter of the case he is eligible to require from the plaintiff copies of all the materials
attached to the statement of claim in line with the number of respondents.  Regulations of
this article shall not be valid for the cas es dealing with labor or reimbursement of
damage caused by the mutilation or loss of the bread-winner.
Article 187. Disclosing of the private correspondence or telegraph messages of the
citizens
In order to provide for the secrecy of correspondence and telegraph messages, private
correspondence and telegraph messages of the citizens can be disclosed during the
court’s session only upon the involved citizens’ consent. Otherwise such correspondence
and telegraph messages can be disclosed and examined during the closed session of thecourt.
Article 43. Evidence
1. The judicial authorities shall have the authority, where a party has presented
reasonably available evidence sufficient to support its claims and hasspecified evidence relevant to substan tiation of its claims which lies in the
control of the opposing party, to order that this evidence be produced by the
opposing party, subject in appropriate cases to conditions which ensure theprotection of confidential information.The Civil Procedural Code of Ukraine
Article 33. Court orders for collection of evidences
If collection of evidences is necessary in othe r city, town, or district, the court is eligible
to order to the relevant court to take necessary procedural actions.
Article 35. Grounds for providing evidences
Persons having grounds to apprehend that submission of the necessary to them evidences
might be impossible or difficult in a time are e ligible to appeal to the court or to the
judge during the case consideration for providing these evidences both prior and after+WT/ACC/UKR/95
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filing the statement.
Article 36. Methods to provide evidences
1. Judge shall provide evidences particularly via: examination of witnesses,
prescribing tests, demanding and examining of the written and material evidences.
Court or judge shall pass the resolution on  providing evidences. This resolution
shall provide for order and method of its implementation.
2. Records of evidences and all the materials collected while providing evidences shall
be directed to the court, which examines the case.
Article 38. Order of statements for providing evidences consideration
1. Statements for providing evidences shall be considered within ten days by the court
or by a judge, under whose jurisdiction procedural action shall be taken. Persons
involved shall be informed on such actions.  Failure to appear (default) of such
persons should not infringe statement consideration.
2. In case of emergency as well as when it is impossible to determine whom the
plaintiff will charge, statement for providing evidences shall be considered onlyunder the plaintiff’s presence.
Article 47. Demanding and obtaining written evidences
1. Person appealing to the court for demanding and obtaining written proofs  from the
other persons shall state in detail: whic h written proof is being demanded; grounds
consider that another person is in posse ssion of the written proof; circumstances that
might be proved by this evidence.
2. Written evidences required by the court or a judge from state enterprises,
institutions, organizations, ag ricultural enterprises, other cooperative organizations
or their associations, as well as from particular citizens shall be directed
immediately to the court.
Article 53. Demanding and obtaining material evidences and responsibility for failure to
submit them
Demanding of the material evidences and making decision regarding failure to submit
them shall be conducted in the order determined by articles 47 and 48 of this Code.
Article 202. Legitimacy and validity of the court resolution
Resolution by the court shall be legitimate and well-grounded. The court shall base itsWT/ACC/UKR/95
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decision exclusively on the evidences examined during the court session.
Article 203. Resolution content
1. Resolution shall consist of introductory, descriptive, motivating, and resolutive
sections.
2. Introductory part shall contain time and place of passing decision, name of the court
that made the decision, college of the court, name of the court session secretary,name of the attorney who took part in the case, names of the parties and otherpersons who took part in the case, name of the non-government organization or
working collective.
Arbitration Procedural Code of Ukraine
Article 38. Demanding and obtaining proofs
If the proofs submitted by the parties are not sufficient, arbitration court shall demand
and obtain from enterprises and organizations regardless of their participation in the casedocuments and materials necessary to resolve the argument. Arbitration court is eligible
to examine the proofs immediately at place of their location.
2. In cases in which a party to a proceeding voluntarily and wit hout good
reason refuses access to, or otherwise does not provide necessaryinformation within a reasonable period, or significantly impedes a procedure
relating to an enforcement action, a Member may accord judicial authorities
the authority to make preliminary and final determinations, affirmative ornegative, on the basis of the information presented to them, including thecomplaint or the allegation presented by the party adversely affected by the
denial of access to information, subject to providing the parties an
opportunity to be heard on the allegations or evidence.Civil Procedural Code of Ukraine
Article 48. Responsibility for failure to submit written evidences
1. State enterprises, institutions, organizations, agricultural enterprises, other
cooperative organizations or their associations, non-government organizations orcitizens, who can not submit the proofs required by the court shall inform the court
on this mentioning the reason for the failure . In case of failure to inform the court
timely or if the reason for failure to submit written evidences is judged invalid, thecourt or a judge may fine guilty servicemen or employees of the state enterprises,institutions, organizations, ag ricultural enterprises, other cooperative organizations
or their associations, non-government organizations or citizens. The penalty shall be
up to amount of the one non-taxable citizen’s income.
2. Fining officials or citizens does not release them from the obligation to submit written
evidence required by the court.
Article 202. Legitimacy and validity of the resolution
Decision by the court shall be legitimate and well-grounded. The court shall base its
decision exclusively on the evidences examined during the court session.+
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Article 44. Injunctions
1. The judicial authorities shall have the authority to order a party to desist
from an infringement, inter alia to prevent the entry into the channels of
commerce in their jurisdiction of imported goods that involve the
infringement of an intellectual property right, immediately after customs
clearance of such goods.  Members are not obliged to accord such authorityin respect of protected subject matter acquired or ordered by a person priorto knowing or having reasonable grounds to know that dealing in such
subject matter would entail the infringement of an intellectual property right.Civil Procedural Code of Ukraine
Article 149. Grounds for providing a suit
1. By their own initiative or meeting the request of the persons who took part in the
case court or a judge can take action to provide for the suit.
2. If failure to provide for a suit can complicate or unable the implementation of the
court’s decision, providing for a suit is  eligible at any stage of the case.
3. Upon assuming the case for his execution in cases on inflicting allowance due to
children from father separation, salary or damage caused by mutilation or otherhealth problem, as well as loss of a bread-winner the judge on his own initiative
decides on providing for a suit.
Article 151. Consideration of the application for providing a suit
Application for providing a suit shall be considered by the court or a judge, who deals
with the case at the day of filing the applicatio n with no notice to the respondent or other
persons who take part in the case.
Article 152. Methods to provide for a suit
1. A suit can be provided by:
- sequestration of the property or money sums belonging to the 
respondent and located at him or at other persons;
- prohibition from certain actions;- prohibition to other persons to conduct payments or to pass any propertyto respondent;
- stoppage of the sail of distrained property, if the suit for ownership right for
this property or for its exclusion from the distrain; and- stoppage of the penalty on the basis of executive decision by the notary 
when debtor disputes it with statement of claim.
2. Suits to state enterprises, institutions, or ganizations, agricultural enterprises, other
cooperative organizations or their associations, other non-government organizationscan be provided only with prohibition to take certain action.
Arbitration Procedural Code of Ukraine.
Article 67. Measures to provide for a suit
- sequestration of the property or money sums belonging to the 
respondent and located at him or at other persons;
- prohibiting respondent from certain actions;WT/ACC/UKR/95
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prohibiting other persons from actions that have to do with the subject 
of the argument; and
- stoppage of the penalty on the basis of executive document according 
to which the penalty shall be executed in indisputable order.
Law of Ukraine "On Copyright and Related Rights".Article 43. Enforcement of Copyright and Related Rights under Civil Law
1. If there is a probable cause to suspect an infringement of copyright and related
rights, a court or arbitration court is empowered to issue an order or an injunction
barring the release of a work, the performance of a production, the playing of •phonogram, or the making of an aerial or wire transmission, or an order to cease anddesist from distribution thereof, or an order to impound or confiscate all specimens
of a work or phonogram along with equipment and materials designed to be used in
the production and reproduction thereof.
2. A court or arbitration court may rule that all specimens of a work or phonogram
found to have been produced or distributed in violation of the exclusive rights ofcopyright and related right holders be destroyed or declared forfeit. This applies to
all plates, dies, molds, originals, magnetic tapes, photographic negatives, and other
objects used in making specimens of a work, phonogram, or broadcast program, aswell as to materials and equipment used in reproducing them.
2. Notwithstanding the other provisions of this Part and provided that the
provisions of Part II specifically addressing use by governments, or by
third parties authorized by a government, without the authorization of theright holder are complied with, Members may limit the remedies availableagainst such use to payment of remuneration in accordance with
subparagraph (h) of Article 31.  In other cases, the remedies under this
Part shall apply or, where these remedies are inconsistent with a Member'slaw, declaratory judgments and adequate compensation shall be available._
Article 45. Damages
1. The judicial authorities shall have the authority to order the infringer to pay
the right holder damages adequate to compensate for the injury the right
holder has suffered because of an infringement of that person’s intellectualproperty right by an infringer who knowingly, or with reasonable grounds to
know, engaged in infringing activity.The Civil Code of Ukraine
Article 203.  Debtor’s obligation to compensate losses
In case of debtor’s failure to meet his commitment improper meeting his commitment the
debtor is obliged to compensate creditor the loss caused.
Losses shall be read as creditor’s expenses, loss of or damage to his property, as well as
incomes not received by the creditor which would be received, unless debtor failed tomeet his commitment.WT/ACC/UKR/95
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Article 440. General grounds of responsibility for damage caused
1. Damage caused to personality or property of the citizen as well as organization,
shall be compensated by the person who caused the damage, unless otherwise isprovided for by the Ukrainian legislature.
2. In cases person who caused the damage proves that the damage was caused by the
fault of not his own, he can be released from compensating losses.
3. Damage caused by the legitimate action shall be compensated only in cases
provided by the Ukrainian legislature.
Article 440-1. Compensation for moral (non-property) losses
1. Moral (non-property) losses caused to citizen or organization by the acts of another
person, who breached their legitimate rights shall be compensated by the personwho caused the damage unless he proves that the damage was caused by the fault ofnot his own. Moral losses shall be compensated with money or any other material
form by court’s decision regardless of compensation for property damage.
2. Amount of compensation shall be determined by the court in mind with statement of
claim demands, character of person’s acts, physical or mental suffering of thevictim as well as other negative consequences, but in any case compensation shallbe no less than five non-taxable salary minimums.
Article 453. Methods to compensate losses
Sentencing to damage compensation, court or arbitration court in line with the case
circumstances puts an obligation onto the person responsible for causing damage to
compensate it in natural form (to provide the thing of the same type and quality, repairdamaged thing or other) or compensate the damage caused in full.
The Law of Ukraine "On Protection of Ri ghts to Inventions  and Utility Models".
Article 34. Infringement upon Rights of the Patent Holder The patent holder may require:
- the termination of actions, which infringe upon or threaten with the 
infringement upon his rights, and the restoration of the status quo before
such infringement;- the payment of damages, including non-received revenue; and
- reimbursement for the emotional duress.
Law of Ukraine  "On Copyright and Related Rights"
Article 44. Restitution of Losses Resulting from Infringement of Copyright andRelated RightsWT/ACC/UKR/95
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Persons holding copyright and related rights may demand:
- restitution of losses suffered as a re sult of an infringement of copyright 
and related rights, including lost revenues
- confiscation and attachment of profits earned by the infringer from the 
infringement of copyright and related rights, in lieu of restitution of losses; and
- payment of compensation awarded by the court, in the amount of ten to 
50,000 tines the minimum wage established by the laws of Ukraine, in 
lieu of restitution of losses or attachment of profits.
Law of Ukraine "On Protection of Rights to Industrial Design".
Article 26. Violation of Patent's Owner's Rights
On the patent's owner's demand such violation shall be terminated and the violator shall
compensate the caused losses.
Law of Ukraine "On Protection of Rights to Trademarks for Goods and Services"
Article 20. Violation of Certificate's Owner's Rights
On the certificate's owner's demand such violation shall
2. The judicial authorities shall also have the authority to order the infringer to
pay the right holder expenses, which may include appropriate attorney'sfees.  In appropriate cases, Members may authorize the judicial authoritiesto order recovery of profits and/or payment of pre-established damages evenwhere the infringer did not knowingly, or with reasonable grounds to know,
engage in infringing activity.The Civil Procedural Code of Ukraine.
Article 76. Compensation of expenses for lawyer
1. Party winning the case shall receive by court’s sentence compensation for a lawyer
taking part in the case from loosing party in amount up to five per cent of satisfied
statement of claim, but not more than amount of statutory price.
2. If according to the determined order the lawyer’s assistance was received free of
charge, court levies from another party the mentioned amount for the benefit oflegal consultation or for state income.+
Article 46. Other Remedies
In order to create an effective deterrent to infringement, the judicial authorities
shall have the authority to order that goods that they have found to be infringing
be, without compensation of any sort, disposed of outside the channels of
commerce in such a manner as to avoid any harm caused to the right holder, or,unless this would be contrary to exis ting constitutional requirements, destroyed.
The judicial authorities shall also have the authority to order that materials and
implements the predominant use of which has been in the creation of the
infringing goods be, without compensation of any sort, disposed of outside thechannels of commerce in such a manner as to minimize the risks of furtherinfringements.  In considering such requests, the need for proportionality between
the seriousness of the infringement and the remedies ordered as well as theLaw of Ukraine "On Copyright and Related Rights"
Article 43. Enforcement of Copyright and Related Rights under Civil Law
1. It there is probable cause to suspect an infringement of copyright and related rights,
a court or arbitration court is empowered to issue an order or an injunction barring
the release of a work, the performance of a production, the playing of • phonogram,
or the making of an aerial or wire transmission, or an order to cease and desist fromdistribution thereof, or an order to impound or confiscate all specimens of a work orphonogram along with equipment and materials designed to be used in the
production and reproduction thereof.
2. A court or arbitration court may rule that all specimens of a work or phonogram
found to have been produced or distributed in violation of the exclusive rights ofcopyright and related right holders be destroyed or declared forfeit. This applies to+
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interests of third parties shall be taken into account.  In regard to counterfeit
trademark goods, the simple removal of the trademark unlawfully affixed shallnot be sufficient, other than in exceptional cases, to permit release of the goodsinto the channels of commerce.all plates, dies, molds, originals, magnetic tapes, photographic negatives, and other
objects used in making specimens of a work, phonogram, or broadcast program, aswell as to materials and equipment used in reproducing them.
Article 47. Right of Information
Members may provide that the judicial authorities shall have the authority,
unless this would be out of proportion to the seriousness of the infringement, to
order the infringer to inform the right holder of the identity of third persons
involved in the production and distribution of the infringing goods or servicesand of their channels of distribution._
Article 48. Indemnification of the Defendant
1. The judicial authorities shall have the authority to order a party at whose
request measures were taken and who has abused enforcement procedures to
provide to a party wrongfully enjoined or restrained adequate compensation
for the injury suffered because of such abuse.  The judicial authorities shallalso have the authority to order the applicant to pay the defendant expenses,which may include appropriate attorney's fees.The Civil Procedural Code of Ukraine
Article 11. Deciding on cases on the basis of actual legislature of Ukraine
Court shall decide cases based on the Constitution, other legislative acts of Ukraine, and
international agreements in the order determin ed by this Code.  In cases determined by
law court can apply legal norms of other countries.  In case the law regulating relationssubject to the argument is not available, court shall apply the law regulating similar
relations. If such similar law is not at available court shall proceed from general
principles and content of the Ukrainian legislature.
Article 158. Respondent’s rights in providing for a suit
1. Assuming providing for a suit, court or a judge can demand from respondent to
provide for his possible losses.
2. In case suit is rejected and after decision is in force respondent can demand from the
plaintiff to compensate him for losses caused by providing for a suit.+
_
2. In respect of the administration of any law pertaining to the protection or
enforcement of intellectual property rights, Members shall only exemptboth public authorities and officials from liability to appropriate remedialmeasures where actions are taken or intended in good faith in the courseof the administration of that law._
Article 49. Administrative Procedures
To the extent that any civil remedy can be ordered as a result of
administrative procedures on the merits of a case, such procedures shall
conform to principles equivalent in substance to those set forth in this Section.The Civil Procedural Code of Ukraine
Article 1. Legislature on civil legal procedure
Cases coming into existence from administrative-legal relations and cases for separate
execution shall be considered according to the general rules of legal procedure, besidesof certain exceptions provided for by this Code and other laws of Ukraine.+WT/ACC/UKR/95
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SECTION 3:  PROVISIONAL MEASURES
Article 50
1. The judicial authorities shall have the authority to order prompt and
effective provisional measures:
- to prevent an infringement of any intellectual property right 
from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including 
imported goods immediately after customs clearance;
- to preserve relevant evidence in regard to the alleged 
infringement.The Civil Procedural Code of Ukraine
Article 152. Methods to provide for a suit
A suit can be provided for by:
- sequestration of the property or money sums belonging to the 
respondent and located at him or at other persons;
- prohibition from certain actions;
- prohibition to other persons to conduct payments or to pass any property
to respondent;- stoppage of the sail of distrained property, if the suit for ownership right forthis property or for its exclusion from the distrain; and
- stoppage of the penalty on the basis of executive decision by the notary 
when debtor disputes it with statement of claim.
Article 218. Court’s right to immediate execution of resolution
1. Deciding on the case court can assume its immediate execution in cases:
- adjudication of compensation to authors for use of their works in science,
literature or arts, as well as objects for intellectual property rights certified by
the protection documents; 1-1) inflicting penalty on all sum of debt while
adjudging payments determined by points 1 and 2 article 217 of this Code;- when delay with decision execution might cause essential damage to partybenefiting from the decision; and- when there are reasons to believe that executing decision later might be 
infringed or impossible.
2. Assuming immediate resolution execution based upon points 2 and 3 of this article,
court might demand from the plaintiff to provide for decision execution reversal incase decision is cancelled.
Arbitration Procedural Code of UkraineArticle 67. Measures to provide for a suit:
- sequestration of the property or money sums belonging to the 
respondent and located at him or at other persons;
- prohibiting respondent from certain actions;- prohibiting other persons from actions that have to do with the subject 
of the argument; and
- stoppage of the penalty on the basis of executive document according 
to which the penalty shall be executed in indisputable order.+
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2. The judicial authorities shall have the authority to adopt provisional
measures inaudita altera parte where appropriate, in particular where any
delay is likely to cause irreparable harm to the right holder, or where there isa demonstrable risk of evidence being destroyed.The Civil Procedural Code of Ukraine
Article 53. Demanding and obtaining material evidences and responsibility for failure tosubmit them
Demanding of the material evidences and making decision regarding failure to submit
them shall be conducted in the order determined by articles 47 and 48 of this Code.+
3. The judicial authorities shall have the authority to require the applicant to
provide any reasonably available evidence in order to satisfy themselves
with a sufficient degree of certainty that the applicant is the right holder and
that the applicant’s right is being in fringed or that such infringement is
imminent, and to order the applicant to provide a security or equivalentassurance sufficient to protect the defendant and to prevent abuse.
4. Where provisional measures have been adopted inaudita altera parte, the
parties affected shall be given notice, without delay after the execution of
the measures at the latest.  A review, including a right to be heard, shall takeplace upon request of the defendant with a view to deciding, within a
reasonable period after the notification of the measures, whether these
measures shall be modified, revoked or confirmed.The Civil Procedural Code of Ukraine
Article 30. Obligations of proving and providing evidences
1. Each party shall proof circumstances it refers to as the ground for its demands and
objections.
2. Parties or other persons who take part in the case shall submit evidences. If parties
or other persons who take part in the case face difficulties with demanding and
obtaining some evidences, upon their request court shall facilitate demand and
obtain of such evidences.
Article 36. Methods to provide evidences
1. Judge shall provide evidences, particularly via: examination of witnesses,
prescribing tests, demanding and examining of the written and material evidences.Court or judge shall pass the resolution on  providing evidences. This resolution
shall provide for order and method of its implementation.
2. Records of evidences and all the materials collected while providing evidences shall
be directed to the court, which examines the case.+
_
+
_
5. The applicant may be required to supply other information necessary for the
identification of the goods concerned by the authority that will execute theprovisional measures.+
_
6. Without prejudice to paragraph 4, provisional measures taken on the basis
of paragraphs 1 and 2 shall, upon request by the defendant, be revoked orotherwise cease to have effect, if proceedings leading to a decision on themerits of the case are not initiated within a reasonable period, to be
determined by the judicial authority ordering the measures where a
Member's law so permits or, in the absence of such a determination, not toexceed 20 working days or 31 calendar days, whichever is the longer._
7. Where the provisional measures are revoked or where they lapse due to any
act or omission by the applicant, or where it is subsequently found that there
has been no infringement or threat of infringement of an intellectualproperty right, the judicial authorities shall have the authority to order theapplicant, upon request of the defendant, to provide the defendant
appropriate compensation for any injury caused by these measures.The Civil Procedural Code of Ukraine
Article 158. Respondent’s rights in providing for a suit
1. Assuming providing for a suit, court or a judge can demand from respondent to
provide for his possible losses.
2. In case suit is rejected and after decision is in force respondent can demand from the
plaintiff to compensate him for losses caused by providing for a suit.+
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8. To the extent that any provisional measure can be ordered as a result of
administrative procedures, such procedures shall conform to principles
equivalent in substance to those set forth in this Section.+
SECTION 4: SPECIAL REQUIREMENTS RELATED TO BORDER
MEASURES
Article 51. Suspension of Release by Customs Authorities
1. Members shall, in conformity with the provisions set out below, adopt
procedures to enable a right holder, who has valid grounds for suspecting
that the importation of counterfeit trademark or pirated copyright goods may
take place, to lodge an application in writing with competent authorities,administrative or judicial, for the suspension by the customs authorities ofthe release into free circulation of such goods.The Customs Code of Ukraine
Article 74.
Sub-paragraph a), Paragraph 1.
The following goods and other objects may not  cross the customs border:
- prohibited for importing into Ukraine. Including:
- goods imported with the violation of intellectual property 
rights._
2. Members may enable such an application to be made in respect of goods
which involve other infringements of intellectual property rights, providedthat the requirements of this Section are met._
3. Members may also provide for corresponding procedures concerning the
suspension by the customs authorities of the release of infringing goods
destined for exportation from their territories.Article 74. Paragraph 1, sub-paragraph b):
- prohibited for exporting from Ukraine, including:
- goods exported with the violation of the intellectual property 
rights;_
Article 52. Application
Any right holder initiating the procedures under Article 51 shall be required to
provide adequate evidence to satisfy the competent authorities that, under thelaws of the country of importation, there is  prima facie an infringement of the
right holder’s intellectual property right and to supply a sufficiently detailed
description of the goods to make them readily recognizable by the customs
authorities.  The competent authorities shall inform the applicant within areasonable period whether they have accepted the application and, wheredetermined by the competent authorities, the period for which the customs
authorities will take action._
Article 53. Security or Equivalent Assurance
1. The competent authorities shall have the authority to require an applicant
to provide a security or equivalent assurance sufficient to protect thedefendant and the competent authorities and to prevent abuse.  Such
security or equivalent assurance shall not unreasonably deter recourse to
these procedures._WT/ACC/UKR/95
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2. Where pursuant to an application under this Section the release of goods
involving industrial designs, patents, layout-designs or undisclosed
information into free circulation has been suspended by customs authoritieson the basis of a decision other than by a judicial or other independentauthority, and the period provided for in Article 55 has expired without the
granting of provisional relief by the duly empowered authority, and
provided that all other conditions for importation have been complied with,the owner, importer, or consignee of such goods shall be entitled to theirrelease on the posting of a security in an amount sufficient to protect the
right holder for any infringement.  Payment of such security shall not
prejudice any other remedy available to the right holder, it being understoodthat the security shall be released if the right holder fails to pursue the right
of action within a reasonable period of time._
Article 54. Notice of Suspension
The importer and the applicant shall be promptly notified of the suspension of
the release of goods according to Article 51._
Article 55. Duration of Suspension
1. If, within a period not exceeding ten working days after the applicant has
been served notice of the suspension, the customs authorities have not
been informed that proceedings leading to a decision on the merits of thecase have been initiated by a party other than the defendant, or that theduly empowered authority has taken provisional measures prolonging the
suspension of the release of the goods, the goods shall be released,
provided that all other conditions for importation or exportation have beencomplied with;  in appropriate cases, this time-limit may be extended byanother ten working days.Article 89.
Goods and other objects may stay under customs control during six moths…Goods and
other objects (except the currency and values), mentioned in Article 86 of the Code, arekept by the customs until the amount of the customs duties for warehousing does notreach the level of cost of those goods and other objects._
2. If proceedings leading to a decision on the merits of the case have been
initiated, a review, including a right to be heard, shall take place uponrequest of the defendant with a view to deciding, within a reasonableperiod, whether these measures shall be modified, revoked or confirmed._
3. Notwithstanding the above, where the suspension of the release of goods is
carried out or continued in accordance with a provisional judicial measure,the provisions of paragraph 6 of Article 50 shall apply._
Article 56. Indemnification of the Importer and of the Owner of the Goods
Relevant authorities shall have the author ity to order the applicant to pay the
importer, the consignee and the owner of the goods appropriate compensation forany injury caused to them through the wrongful detention of goods or through the
detention of goods released pursuant to Article 55._WT/ACC/UKR/95
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Article 57. Right of Inspection and Information
1. Without prejudice to the protection of confidential information, Members
shall provide the competent authorities the authority to give the right holdersufficient opportunity to have any goods detained by the customs authorities
inspected in order to substan tiate the right holder’s claims._
2. The competent authorities shall also have authority to give the importer an
equivalent opportunity to have any such goods inspected.  Where a positivedetermination has been made on the merits of a case, Members may provide
the competent authorities the authority to inform the right holder of the
names and addresses of the consignor, the importer and the consignee and ofthe quantity of the goods in question._
Article 58. Ex Officio Action
Where Members require competent authorities to act upon their own initiative
and to suspend the release of goods in respect of which they have acquired prima
facie evidence that an intellectual property right is being infringed:
- the competent authorities may at any time seek from the right 
holder any information that may assist them to exercise these 
powers;
- the importer and the right holder shall be promptly notified of 
the suspension.  Where the importer has lodged an appeal against the suspension with the competent auth orities, the suspension shall be 
subject to the conditions, mutatis mutandis, set out at Article 55; and
- Members shall only exempt both public authorities and officials from
liability to appropriate remedial measures where actions are taken or intended in good faith._
Article 59. Remedies
Without prejudice to other rights of action open to the right holder and subject
to the right of the defendant to seek review by a judicial authority, competent
authorities shall have the authority to order the destruction or disposal of
infringing goods in accordance with the principles set out in Article 46. In
regard to counterfeit trademark goods, the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subject them to a
different customs procedure, other than in exceptional circumstances._
Article 60. De Minimis Imports
Members may exclude from the application of the above provisions small
quantities of goods of a non-commercial nature contained in travellers' personalluggage or sent in small consignments._WT/ACC/UKR/95
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Article 61
1. Members shall provide for criminal procedures and penalties to be applied
at least in cases of wilful trademark counterfeiting or copyright piracy on acommercial scale.+
_
2. Remedies available shall include imprisonment and/or monetary fines
sufficient to provide a deterrent, consistently with the level of penaltiesapplied for crimes of a corresponding gravity.  In appropriate cases,remedies available shall also include th e seizure, forfeiture and destruction
of the infringing goods and of any materials and implements the
predominant use of which has been in the commission of the offence+
_
3. Members may provide for criminal procedures and penalties to be applied in
other cases of infringement of intellectual property rights, in particular
where they are committed wilfully and on a commercial scale.+
_
PART IV. ACQUISITION AND MAINTENANCE OF INTELLECTUAL
PROPERTY RIGHTS AND RELATED INTER-PARTES PROCEDURES
Article 62
1. Members may require, as a condition of the acquisition or maintenance of
the intellectual property rights provided for under Sections 2 through 6 ofPart II, compliance with reasonable procedures and formalities.  Such
procedures and formalities shall be cons istent with the provisions of this
Agreement.+
2. Where the acquisition of an intellectua l property right is subject to the
right being granted or registered, Members shall ensure that the
procedures for grant or registratio n, subject to compliance with the
substantive conditions for acquisition of the right, permit the granting or
registration of the right within a reasonable period of time so as to avoidunwarranted curtailment of the period of protection._
3. Article 4 of the Paris Convention (1967) shall apply mutatis mutandis to
service marks.+
4. Procedures concerning the acquisition or maintenance of intellectual
property rights and, where a Member's law provides for such procedures,
administrative revocation and inter partes procedures such as opposition,
revocation and cancellation, shall be governed by the general principlesset out in paragraphs 2 and 3 of Article 41.WT/ACC/UKR/95
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5. Final administrative decisions in any of the procedures referred to under
paragraph 4 shall be subject to review by a judicial or quasi-judicial
authority.  However, there shall be no obligation to provide an opportunityfor such review of decisions in cases of unsuccessful opposition oradministrative revocation, provided that the grounds for such procedures can
be the subject of invalidation procedures.+
PART V. DISPUTE PREVENTION AND SETTLEMENT
Article 63. Transparency
1. Laws and regulations, and final judicial decisions and administrative rulings
of general application, made effective by a Member pertaining to the subjectmatter of this Agreement (the availability, scope, acquisition, enforcementand prevention of the abuse of intellectual property rights) shall be
published, or where such publication is not practicable made publicly
available, in a national language, in such a manner as to enable governmentsand right holders to become acquainted with them.  Agreements concerningthe subject matter of this Agreement which are in force between the
government or a governmental agency of a Member and the government or
a governmental agency of another Member shall also be published.The Constitution of Ukraine.
Article 57. Every person is given the right to know his rights and obligations
1. Laws and other normative and legal acts, which determine the rights and duties of
the citizens, shall be made public to the population in an order, established by thelaw.
2. Laws and other normative and legal acts, which determine the rights and obligations
of citizens, not made public to the population in a legally established order, shall be
considered invalid.+
2. Members shall notify the laws and regulations referred to in paragraph 1 to
the Council for TRIPS in order to assist that Council in its review of the
operation of this Agreement.  The Council shall attempt to minimize the
burden on Members in carrying out this obligation and may decide to waivethe obligation to notify such laws and regulations directly to the Council ifconsultations with WIPO on the establishment of a common register
containing these laws and regulations are successful.  The Council shall also
consider in this connection any action required regarding notificationspursuant to the obligations under th is Agreement stemming from the
provisions of Article 6ter of the Paris Convention (1967).+
3. Each Member shall be prepared to supply, in response to a written request
from another Member, information of the sort referred to in paragraph 1.  AMember, having reason to believe that a specific judicial decision oradministrative ruling or bilateral ag reement in the area of intellectual
property rights affects its rights under this Agreement, may also request in
writing to be given access to or be informed in sufficient detail of suchspecific judicial decisions or administrative rulings or bilateral agreements.+
4. Nothing in paragraphs 1, 2 and 3 shall require Members to disclose
confidential information which would impede law enforcement or otherwise
be contrary to the public interest or would prejudice the legitimatecommercial interests of particular enterprises, public or private.+
__________