RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/89
4 December 2000
(00-5228)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Law Enforcement in High-Priority Areas of Trade-Related Framework:
Customs Fees, Customs Valuations, Import Licensing, Technical Barriers to Trade,
Sanitary and Phytosanitary Measures, Enforcement of
Intellectual Property Rights
The Governmental Commission on Ukraine's Accession to the WTO has submitted the
following information with the request that it be  circulated to members of the Working Party.
_______________WT/ACC/UKR/89
Page 2 Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
Customs fees
Resolution of the Cabinet of Ministers of Ukraine“On Customs Fee Rates” No. 65 of27 January 1997Customs fee for customs clearance of goods and other
itemsCompliant.
Resolution of the Cabinet of Ministers of Ukraine
“On Regulations of the Customs Fees at the State
Border Crossing Points” No. 1034 of
15 June 1999 Fee for services provided in relation to ecological,
veterinary, and phytosanitary control, and roads toll for
vehicles and other self-propelled machinery for passing
through Ukrainian roads (unified fee).Non-compliant.
Proposals on law harmonisation:
The Ministry of Economy drafted a law “On Amendment ofthe Law of Ukraine “On the Introduction of the Unified FeeCollected upon Crossing of the Ukrainian State Border”No. 1212-XIV of 4 November 1999”.When approved (currently, the law is under consideration at
the Cabinet of Ministers of Ukraine), the law will repeal the
Resolution concerned, and the amount of the unified fee willbe determined according to the law.
Customs valuation
Resolution of the Cabinet of Ministers of Ukraine“On Adopting the Procedure for Determining theCustoms Value of Goods and other ItemsCrossing the Customs Border of Ukraine”No. 1598 of 5 October 1998Methods of customs valuation are not clearly
determined. In the event the declared customs value ofgoods and other items is obviously non-corresponding,or its calculation is impossible, the customs authoritiessequentially determine the customs value on the basis of
value for identical goods and other items, or prices for
similar goods.Customs valuation methods are not compliant with the GATT-
1994, Article 7, and Agreement on Application of GATTArticle VII.Proposals on law harmonisation:
The draft Customs Code of Ukraine endorsed by the
Verkhovna Rada for the first reading on 16 December 1998,
provides for methods of customs valuation compliant withbinding rules and requirements of the GATT/ WTOagreements.
Import licensing
The list of products subject to import and exportlicenses and quotas in 2000 is established by theResolution of the Cabinet of Ministers of Ukraine
“On the List of Products Subject to Import and
Export Licensing and Quotas” No. 4 of6 January 2000.The Ministry of Economy of Ukraine is appointed as a
licensing authority, succeeding to the Ministry ofForeign Economic Relations and Trade of Ukraine for
issues related to coordination in the area of international
trade, according to the Order of the Ministry of ForeignEconomic Relations and Trade of Ukraine No. 893 of2 August 1996. As of May 2000, import license fee isestablished at UAH 255
1.Compliant.
                                                     
1 Payment is done on bank symbol 069 and budget classification code 14060200. The account  for transferring money for issuing imp ort license to be defined according
to these data in the Treasury where the importer is accreditedWT/ACC/UKR/89
Page 3Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
1. Chemicals for plants protection and plants growthregulators.(Licenses are subject to endorsement by the Central State
Lab of Soil Fertility and Plants Protection under Ministry
of Agrarian Policy);
2. Insecticides for combating domestic insects, androdents(Licenses are subject to endorsement by the UkrainianChemical Commission; chemicals in sprays are subjectto endorsement by the Ministry of Ecology and Natural
Resources);
3. Pharmaceuticals
(Licenses are subject to endorsement by the Ministry ofHealth Protection; cosmetics and body care products insprays – also by the Ministry of Ecology and NaturalResources; surfactant substances used in agriculture incombination with pesticides – also by the Central State
Lab of Soil Fertility and Plants Protection under Ministry
of Agrarian Policy);
4. Cosmetics and body care products(Licenses are subject to endorsement by the Ministry ofHealth Protection; cosmetics and body care products insprays – also by the Ministry of Ecology and NaturalResources; surfactant substances used in agriculture in
combination with pesticides – also by the Central State
Lab of Soil Fertility and Plants Protection under Ministryof Agrarian Policy);
5. Veterinary medications(Licenses are subject to endorsement by the StateDepartment for Veterinary Medicine under Ministry ofAgrarian Policy);
Matrices and moulds for phonograms only
(Licenses are subject to endorsement by the Ministry ofEducation and Science).
6. Substances destroying ozonosphere and productscontaining such substances(Licenses are subject to endorsement by the Ministry ofEcology and Natural Resources).WT/ACC/UKR/89
Page 4 Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
Technical Barriers to Trade
Decree of the Cabinet of Ministers of Ukraine“On Standardisation and Certification” No. 46-93of 10 May 1993Determines the principles of the standardisation and
certification system in Ukraine (technical barriers totrade)Non-compliant.
Proposals on laws harmonisation (case-by-case):
Approval of the draft Law of Ukraine “On Standardization"
Approval of the draft Law of Ukraine “On Conformity
Assessment”  Drafting and passing of the Resolution of theCabinet of Ministers of Ukraine “On Technical Regulations”implementing requirements of the Agreement and Directives98/34/EC, 98/48/EC providing for notification about changesin technical standards and regulations.
Enforcement of the Resolution of the Cabinet of Ministers of
Ukraine “On Creation of the National Automated StandardsDatabase” No. 84 of 1 February 1995.Drafting and enforcement of the National Standard “Rules ofNotification to Other Members”.Review of underlying standards of the state standardisation
system. Curtail list of goods subject to compulsory
certification.
Development and enforcement of standards as follows:-"National Standardisation System. Rules and Guidelines onAdoption and Enforcement of International Standards”;-" National Standardisation System. Code of FixedStandardisation Rules”.
Decree of the Cabinet of Ministers of Ukraine
“On State Monitoring of Compliance with
Standards, Rules and Regulations, and Liabilityfor Violations”Introduces government supervision over sustained
quality of the certified products, rules of test
performance.Will be revised upon passing of the Law of Ukraine “On
Conformity Assesment ”, “On Liability of Supplier for
Manufacturing and Distribution of Hazardous and LowQuality Products”
Resolution of the Cabinet of Ministers of Ukraine“On the Approval of the Procedure for CustomsClearance of Imported Goods (Products) Subjectto Compulsory Certification in Ukraine”
No. 1211 of 4 November 1997Determines rules of customs clearance of foreign goods
(products) subject to mandatory certification.Resolution of the Cabinet of Ministers of Ukraine No. 1672 of
8 November 2000 amends Paragraph 3 of the “Procedure ofCustoms Clearance of Imported Goods (Products) Subject toCompulsory Certification in Ukraine”.
Rules for Compulsory Certification of Domestic
Electric Appliances and Comparable Equipment
and PartsDetermine rules, sequence, and processes of
certification.Non-compliant.
Will be revised upon approval of the Law of Ukraine “On
Conformity Assesment”, and new regulation compliant withthe New Approach EC Directives 73/23 ЕЕС , 89/336ЕЕС ,
93\68ЕЕС , 92/31ЕС.
Rules of Compulsory Certification of Specific
Lines of Products.Determine rules, sequence, and processes of
certification.Will be revised upon approval of the Law of Ukraine “On
Conformity Assessment”, and relevant regulation.WT/ACC/UKR/89
Page 5Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
Rules for Performing Certification of ForeignGoods Manufactured as Serial ProductsThe Order of the State Committee for Standardisation,
Metrology, and Certification No. 633 of 18 August 1998,is designed to improve rules of certification of foreign
products, in particular, rules of applications assessment,
creation of commission, and decision-making criteria. Interms of rules applicable to conformance assessmentprocess, the same are applied to both domesticallyproduced and foreign products. The rules of
conformance assessment cover such issues as conformity
to effective standards, sequence of tests, amount and typeof fees charged, availability of information, etc.Will be revised upon approval of the Law of Ukraine “On
Conformity Assessment”.
DSTU 3410-96 UkrSEPRO CertificationSystems. GuidelinesThe Standard determines underlying principles,
framework and rules of the national certification system.Will be revised upon approval of the Law of Ukraine “On
Conformity Assessment”.
DSTU 3411-96 UkrSEPRO CertificationSystems. Requirements to Certification Agenciesand Rules of Accreditation.Drafted in compliance with the requirements of Directive
ISO/IEC39, 56, 65, Directive ISO 27 and EN45011.Will be revised upon approval of the Laws of Ukraine “On
Accreditation of the Conformance Assurance Agencies”,  “OnConformity Assessment”.
DSTU 3412-96 UkrSEPRO CertificationSystems. Requirements to Test Labs and Rules of
AccreditationDrafted in compliance with the requirements of the
Directives ISO/IEC25, and EN45001Will be revised upon approval of the Laws of Ukraine “On
Accreditation of the Conformance Assurance Agencies”,  “On
Conformity Assessment”.
DSTU 3413-96 UkrSEPRO CertificationSystems. Certification proceduresDrafted in compliance with the requirements of the
Directives ISO/IEC7, 28, 60Will be revised upon approval of the Laws of Ukraine “On
Conformity Assessment”.
Sanitary and Phytosanitary Measures
The Law of Ukraine “On Sanitary and EpidemicSafety of the Population” No. 4004-XII of
24 February 1994The Law of Ukraine “On Quality and Safety ofFood Products and Food Raw Materials” No. 771of 23 December 1997
The Law of Ukraine “On the Protection of the
Population from Infectious Diseases” No. 1645-14 of 6 April 2000Article 16 of the Law of Ukraine “On Sanitary and
Epidemic Safety of the Population” No. 4004-XII of
24 February 1994 provides for rules of import,distribution and consumption of products. Businesses,organisations, and individuals have the right to bring inraw materials and finished products (products,
equipment, technological manufacturing equipment),
distribute and consume/apply in Ukraine only if there isdata available about safety of such products to humans.
The office of the Chief Sanitary Doctor of Ukraineidentifies the list and content of such data.In the event safety data is not readily available, import,
distribution and consumption of foreign products is
allowed if positive assurance of the state sanitary expert
commission is obtained.Non-compliant.
Proposals on law harmonisation:
To supplement Article 16 and other provisions stipulating that
the security data (for products, raw materials, equipment, etc.)for the people’s health and sanitary measures on prevention(elimination) of the negative in fluence thereof, are established
by the State Chief Sanitary Officer of Ukraine, taking into
account the International standards, instructions andrecommendations.
To adopt the draft Law of Ukraine “On State Sanitary-
Hygienic Expert Examination”.WT/ACC/UKR/89
Page 6 Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
Order of the Ministry of Health Protection “Onperforming State Sanitary Expert Examination ofDesign, Manufacturing and Consumption of
Potentially Harmful Products” No. 190 of 20
October 1995The Order determines rules of performing expert
examinations, and list of food products subject tomandatory tests to be performed at the state sanitary
agencies.Compliant.
Order of the Ministry of Health Protection “On
fees charged for services rendered by the statesanitary agencies to organisations, private andpublic businesses”Resolution of the Cabinet of Ministers of Ukraine
“On the Approval of the List of Services
Rendered by the State Health Protection Agenciesand Higher Education Medical Institutions”No. 1138 of 17 September 1996Resolution of the Cabinet of Ministers of Ukraine“On Amendment of the Resolution of the Cabinet
of Ministers of Ukraine No. 1138 of
17 September 1996” No. 449 of 12 May 1997These regulations determine fees for performing sanitary
tests and issuance of respective documents.Compliant
The Law of Ukraine “On Veterinary Medicine”
No. 567/96- ВР of 5 December 1996The State Department for Veterinary Medicine under
Ministry of Agrarian Policy of Ukraine is authorised bythe Ukrainian Government to exercise veterinary control.Movement across customs border of Ukraine of
shipments falling under jurisdiction of state veterinary
authorities, including items and materials potentially
bearing pathogenic organisms harmful to animals, issubject to compulsory veterinary control.Customs clearance is considered completed uponcompletion of veterinary control check, performed by
experts of relevant regional branch veterinary agencies,
and experts of customs office and customs check points.Import, export and transit through the territory ofUkraine of shipments falling under jurisdiction of stateveterinary authorities, entry of vehicles subject tocompulsory veterinary control, are subject to
presentation of relevant documents as required by
international agreements, and compliance with veterinarycontrol requirements.Compliant.
Resolution of the Cabinet of Ministers of Ukraine
“Regulation on the Regional Service of StateVeterinary Control at the State Border and onRegional agencies of the State Veterinary Control at the
State Ukrainian Border and Transport are appointed toenforce compliance with the requirements of stateCompliant.WT/ACC/UKR/89
Page 7Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
Transport of the State Department of VeterinaryMedicine of the Ministry of Agriculture ofUkraine” No. 264 of 2 March 1998veterinary control during international and national
conveyance of all class of animals, products andmaterials of animal origin , biological, microbe, virus
strands and fungus, items of collection of animal origin,
veterinary medicines, and products and materialspotentially bearing pathogenic organisms harmful toanimals, and other shipments subject to veterinarycontrol.
In addition, regional agencies of the state veterinary
control perform check of veterinary compliancedocuments, clinic examination of animals, veterinaryexpert examination of materials and products of animaland vegetative origin, feeding stuffs, substances designedfor veterinary medicine, during their import, export, and
transit through the territory of Ukraine.
Plant quarantine requirements are designed to safeguardthe territory of Ukraine from import and dissemination ofpests, pathogenic organisms, and weed non-existent inUkraine.Central State Inspection for Plant Quarantine under
Ministry of Agrarian Policy of Ukraine is authorised by
the Ukrainian Government to exercise veterinary control.All materials and items subject to plant quarantine,which are moved beyond the State Ukrainian Border andboundaries of special quarantine zones, are subject tophytosanitary control.WT/ACC/UKR/89
Page 8 Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
The Law of Ukraine “On Plant Quarantine”No. 3348-XII of 30 June 1993Materials subject to plant quarantine can be brought into
Ukraine subject to:- Phytosanitary certificate issued by the 
government agencies enforcing quarantine and 
plants protection of the exporting country; and
- Quarantine import license issued by the Central 
State Inspection for Plant Quarantine of Ukraine.
Customs clearance of shipments is performed upon
completion of phytosanitary control.Specimen of the phytosanitary certificate and rules of thecertificate issuance are identified by the Central StateInspection for Plant Quarantine of Ukraine, incompliance with the requirements of international
conventions.
Specimen of the quarantine import license and rules ofthe license issuance are identified by the Central StateInspection for Plant Quarantine of Ukraine.Compliant.
Moreover, the law was drafted “On amendment of the Law ofUkraine “On Plant Quarantine”, in which the European
Council Directives No.79/93 of 1998 are considered.
Resolution of the Cabinet of Ministers of Ukraine
On Fees Charged for Inspection of MaterialsSubject to Quarantine, and Services Provided to
Businesses, Organisations, and Individuals”
No. 953 of 24 November 1993.Fee for inspection of materials under quarantine. Compliant.
Resolution “On Charter of the State Office of
Plant Quarantine of Ukraine” No. 892 of28 October 1993List of goods subject to quarantine control: seeds and
sowing materials, agricultural, forestry and decorativeplants and their parts (sprouts, bulbs, foetus), and othervegetative products which may potentially bear pests,plant plague and weed seeds, spores and fungus; viruses,
hook-warms, ticks, insects, collections, herbariums,
specimens, agricultural tools, cultivation machinery,speciality industrial products, packaging and goodsmanufactured from materials of vegetative origin whichmay potentially bear pests, plants plagues and weedseeds, monoliths and soil samples, and vehicles arriving
from foreign countries and Ukrainian regions under
special quarantine regime.Compliant.
Moreover, the respective amendments will be introduced afterthe adoption of the Law of Ukraine “On Amendment of theLaw of Ukraine “On Plant Quarantine”.WT/ACC/UKR/89
Page 9Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
Enforcement of Intellectual Property Rights
Constitution of Ukraine (Articles 41 and 54);
The Law of Ukraine “On Copyright and Related
Rights”  No. 3792 of 23 December 1993Provides framework of enforcement of the intellectual
property rights in Ukraine.Compliant.
Proposals on law harmonisation:
The draft Law of Ukraine “On Amendments to the Law of
Ukraine “On Copyright and Related Rights” provides for
adjustment of effective Paragraph 1, Article 53 of the Law ofUkraine “On Copyright and Related Rights” to therequirements of TRIPS, Article 50, providing that judicialauthorities shall have the authority to order immediate andefficient actions in respect of any type of violation of
intellectual property rights. The above draft Law was endorsed
by the Verkhovna Rada of Ukraine for the second reading on2 November 2000.
The Law of Ukraine “On Protection of Rights toInventions and Utility Models” No. 3687- ХІІ of
15 December 1993 as updated in the Law of
Ukraine “On Amendments to the Law of Ukraine
“On Protection of Rights to Inventions and UtilityModels” No. 1771- ІІІ of 1 June 2000The law provides framework for relations arisen in
connection with acquiring and exercising intellectualproperty rights to inventions and prototypes in Ukraine.
The law provides for liability born in connection with
violation of the patent rights holders.Compliant.
Clauses providing for liability for illegal application of theinvention resulting in material damages are incorporated in the
draft Criminal Code of Ukraine.
 Any encroachment on the patent rights is treated as
infringement, subject to liability according to theUkrainian Law in force. The patent right holder has theright to request discontinuation of actions representing
infringement, and appropriate compensation for injury
caused by these measures. Disputes arisen in connectionwith application of this law shall be resolved inarbitration court,  according to the Ukrainian Law. The draft Law of Ukraine “On Amendment of Certain
Legislative Acts of Ukraine on Liability Enhancement forInfringement of Intellectual Property Rights” provides foramendments to the Criminal Code of Ukraine, Criminal
Procedural Code of Ukraine, Code of Ukraine on
Administrative Law Offence and Customs Code of Ukraine.Once the above laws are approved, the Law of Ukraine willfully comply with the requirements of GATT/ WTOagreements in terms of enforcement of the intellectualproperty rights.WT/ACC/UKR/89
Page 10 Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
The Law of Ukraine “On Protection of Rights toIndustrial Designs” No. 3770 of 23 December1993The law provides framework for relations arisen in
connection with acquiring and exercising intellectualproperty rights to industrial design in Ukraine.
The law provides for liability born in connection with
violation of the patent rights holders.Any encroachment on the patent rights is treated asinfringement, subject to liability according to theUkrainian Law in force. The patent right holder has the
right to request discontinuation of actions representing
infringement, and appropriate compensation for injurycaused by these measures. Disputes arisen in connectionwith application of this law shall be resolved inarbitration court,  according to the Ukrainian Law.Compliant.
Clauses providing for liability for illegal application of theindustrial design resulting in material damages are
incorporated in the draft Criminal Code of Ukraine.
The draft Law of Ukraine “On Amendment of CertainLegislative Acts of Ukraine on Liability Enhancement forInfringement of Intellectual Property Rights” provides foramendments to the Criminal Code of Ukraine, Criminal
Procedural Code of Ukraine, Code of Ukraine on
Administrative Law Offence and Customs Code of Ukraine.Once the above laws are approved, the Law of Ukraine willfully comply with the requirements of GATT/ WTOagreements in terms of enforcement of the intellectualproperty rights.
The Law of Ukraine “On Protection of Rights toTrademarks and Service Marks” No. 3689 of
15 December 1993The law provides framework for relations arisen in
connection with acquiring and exercising intellectual
property rights to trade marks for goods and services in
Ukraine.Compliant.
Clauses providing for liability for illegal application of the
trade marks for goods and services resulting in material
damages are incorporated in the draft Criminal Code ofUkraine.
The law provides framework for relations arisen inconnection with acquiring and exercising intellectualproperty rights to trade marks for goods and services inUkraine.
The law provides for liability born in connection with
violation of the rights of certificate holders.Any encroachment on the certificate holder rights is
treated as infringement, subject to liability according tothe Ukrainian Law in force. The certificate holder has the
right to request discontinuation of actions representing
infringement, and appropriate compensation for injurycaused by these measures. Disputes arisen in connectionwith application of this law shall be resolved inarbitration court,  according to the Ukrainian Law.The draft Law of Ukraine “On Amendment of Certain
Legislative Acts of Ukraine on Liability Enhancement forInfringement of Intellectual Property Rights” provides foramendments to the Criminal Code of Ukraine, Criminal
Procedural Code of Ukraine, Code of Ukraine on
Administrative Law Offence and Customs Code of Ukraine.Once the above laws are approved, the Law of Ukraine willfully comply with the requirements of GATT/ WTOagreements in terms of enforcement of the intellectual
property rights.
The Law of Ukraine “On Protection of Rights to
Varieties of Plants” No. 3116 of 21 April 1993The law provides framework for relations arisen in
connection with acquiring, exercising, enforcing,alienating and discharge of the intellectual property
rights to varieties of plants in Ukraine.Compliant.WT/ACC/UKR/89
Page 11Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
The Law of Ukraine “On Protection of Rights toTopologies of Integrated Circuits Design”No. 621 of 5 November 1997The law provides framework for relations arisen in
connection with acquiring and exercising intellectualproperty rights to topography of integrated circuits in
Ukraine.
The law provides for liability born in connection withviolation of the rights of integrated circuit topographyregistration holders.Violation of the rights of integrated circuit topography
registration holders is subject to liability according to the
Ukrainian Law in force. The integrated circuittopography registration holder has the right to requestdiscontinuation of actions representing infringement, andappropriate compensation for injury caused by thesemeasures. Disputes arisen in connection with application
of this law shall be resolved in arbitration court,
according to the Ukrainian Law.Compliant.
Clauses providing for liability for illegal application of thetopology of integrated circuit resulting in material damages
are incorporated in the draft Criminal Code of Ukraine.
The draft Law of Ukraine “On Amendment of CertainLegislative Acts of Ukraine on Liability Enhancement forInfringement of Intellectual Property Rights” provides foramendments to the Criminal Code of Ukraine, Criminal
Procedural Code of Ukraine, Code of Ukraine on
Administrative Law Offence and Customs Code of Ukraine.Once the above laws are approved, the Law of Ukraine willfully comply with the requirements of GATT/ WTOagreements in terms of enforcement of the intellectualproperty rights.
The Law of Ukraine “On Protection of Rights tothe Indication of Geographical Origin of Goods”No. 752-14 of 16 June 1999The law provides framework for enforcement of the
rights to the indication of origin of goods in Ukraine, andregulates relations in connection with acquiring,exercising and protection of such rights.The law provides for liability born in connection with
violation of the rights to indication of origin of goods.
Any encroachment on the certificate holder rights to
registered qualified indication of origin of goods issubject to civil, administrative, or criminal liabilityaccording to the Ukrainian Law in force.The certificate holder has the right to apply to court
requesting discontinuation of actions representing
infringement, and appropriate compensation for injurycaused by these measures.Compliant.
Clauses providing for liability for illegal application of theindication of origin of goods resulting in material damages areincorporated in the draft Criminal Code of Ukraine.The draft Law of Ukraine “On Amendment of Certain
Legislative Acts of Ukraine on Liability Enhancement for
Infringement of Intellectual Property Rights” provides foramendments to the Criminal Code of Ukraine, CriminalProcedural Code of Ukraine, Code of Ukraine onAdministrative Law Offence and Customs Code of Ukraine.Once the above laws are approved, the Law of Ukraine will
fully comply with the requirements of GATT/ WTO
agreements in terms of enforcement of the intellectualproperty rights.
Code of Ukraine on Administrative Law Offence The Code of Ukraine on Administrative Law Offence
provides for administrative proceedings only for casesinvolving infringement of rights to audio-visualspecimen and phonograms (Paragraph 9, Article 164).Non-compliant with the TRIPS Agreement, Article 49, in
terms of initiation of administrative proceedings.Proposals on law harmonisation:
The draft Law of Ukraine “On Amendment of Certain
Legislative Acts of Ukraine on Liability Enhancement for
Infringement of Intellectual Property Rights” provides forincorporating new Article 51-2 into Code of Ukraine onAdministrative Law Offence, compliant with the requirementsof the TRIPS Agreement, Article 49.WT/ACC/UKR/89
Page 12 Laws and RegulationsThe nature of discrepancies between the law and the binding
rules and requirements of the WTO Agreements, and proposed
amendments
Criminal Code of Ukraine. Criminal liability for copyright law offence (Article 136) Article 136 of the Criminal Code of Ukraine does not comply
with the TRIPS Agreement, Article 61, in terms of applicationof criminal proceedings appropriate for copyright law offence
in commercial scale.
Proposals on law harmonisation:
The draft Law of Ukraine “On Amendment of CertainLegislative Acts of Ukraine on Liability Enhancement forInfringement of Intellectual Property Rights” provides for
adjustment of the Article 136 of the Criminal Code of
Ukraine, in compliance with the requirements of the TRIPSAgreement, Article 61.
The draft Law of Ukraine “On Amendment ofCertain Legislative Acts of Ukraine on LiabilityEnhancement for Infringement of IntellectualProperty Rights”The Law proposes amendments to the Criminal Code of
Ukraine, Criminal Procedural Code of Ukraine, Code ofUkraine on Administrative Law Offence and CustomsCode of Ukraine.In particular, the Criminal Code of Ukraine incorporated
provisions on penalties for illegal application of
invention, industrial prototype, registered brand, trademark for goods and services, qualified indication of theorigin of goods, layout of integrated circuit, variety ofplant, if such actions resulted in material damages.Compliant.
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