./.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/56
10 June 1998
(98-2343)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Memorandum on Measures Aimed at Creating a System
of Intellectual Property in Ukraine
Ukraine is aware that the most preferred free trade and competition regime and unimpeded
exercise of intellectual property rights cannot be accomplished unless the acting legislation is
improved through introduction of new legal rules on IPR protection and the effective enforcement
mechanism in accordance with Articles 41-61 of the TRIPS Agreement is established.
The TRIPS Agreement is recognized by the world community as a legal instrument covering
all aspects of the protection of rights for all objects of intellectual property regarded as commodity.
Ukraine admits that accession to GATT/WTO as a full Member is the number one issue of its foreign
policy.  The process of Ukraine's accession to GATT/WTO includes fulfilment of requirements of alltreaties and agreements of this multilateral legal trade system, among which is TRIPS.
Ukraine further admits that the national legislation on copyright, related rights, industrial and
other intellectual property (layout designs of integrated circuits, commercial secrets, varieties of
plants) protection needs substantial revision in order to be harmonized with the TRIPS Agreement.
Ukraine is a young state and it is because of objective causes that the system of IPR
protection is in the process of formation. The existing legal rules on IPR protection generally satisfies
the most urgent needs on IPR acquisition both by domestic and foreign persons.  However, it is
necessary to add and amend it to some extent in  order to bring it in compliance with the TRIPS
Agreement.
At present 12 legal Acts on this issue are effective.  Besides, the Supreme Rada has adopted
in the first reading draft Laws "On Protection of Rights to the Indication of Geographical Origin of
Goods and Services" and "On Adding and Amending the Law of Ukraine "On Protection of Rights for
the Varieties of Plants".  The draft Law "On Adding and Amending the Law of Ukraine "On
Copyright and Related Rights" has been submitted to the Supreme Rada of Ukraine.  In accordancewith the TRIPS provisions the laws on adding and amending the laws of Ukraine "On Protection of
Rights for Inventions and Utility Models", "On Protection of Rights for Industrial Designs", "On
Protection of Trademarks and Service Marks" have been drafted.  The draft Laws "On Protection of
Firm Names", "On Adding and Am ending Certain Legal Acts of Ukraine on Computer Programs
Protection" and "On the Order of Trade in Certain Excisable Goods Connected with Utilization ofAudiovisual Works and Phonograms Samples" have also been developed.
Ukraine plans to become a full member of the world community, having provided for
intellectual property rights protection that would meet the standards of industrially developed
countries.  Ukraine is party to 11 international multilateral treaties and conventions on IPR protection
and intends to accede gradually to the most of international agreements administered by WIPO and
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Being aware of the importance of the intellectual property rights protection, the Cabinet of
Ministers of Ukraine is planing to complete the development of draft legal instruments aimed at
effective protection of the intellectual property rights in the course of 1998-1999 so that they could be
included into new editions of the Civil Code of Ukraine, the Civil Procedural Code of Ukraine, theCode of Ukraine on Administrative Violations, the Criminal Code of Ukraine, the Criminal
Procedural Code of Ukraine, the Customs Code of Ukraine.  It should be pointed out that fulfilment of
national procedures of considering and adoption of such laws by the Supreme Rada requires a
significant period of time.
To provide for the implementation of the TRIPS provisions on IPR enforcement measures,
including border measures, Ukraine must create the adequate infrastructure and effective mechanismof implementation of the acting legislation.  The introduction of such measures shall require large
expenditures on technical equipment and professional training and will take much time.
Considering that most of the requirements of the TRIPS Agreement either have been fulfilled
already or are to be fulfilled in the nearest time, we believe that Ukraine needs a three-yeartransitional period to implement the complex of intellectual property rights protection measures in
accordance with Part III of the TRIPS.  The indicated term is identical to the term established in
Item 1 of Article 50 of the Agreement on Partne rship and Cooperation between Ukraine and the
European Union.
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