. /.  
RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/122 
15 November 2004 
 
 (04-4858) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Information on the Activities in the Field of Protection of the  
Intellectual Property Right and Fighting Against Intellectual Property Rights  
Infringements in Ukraine  
  
 The following submission, dated 11 November 2004,  is being circulated at the request of the 
Delegation of Ukraine. 
 
 
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 WT/ACC/UKR/122 
Page 2  
 
- Registration of business entities in the sphere of manufacturing and distribution of software
 
The State Department of Intellectual Property of th e Ministry of Education and Science of Ukraine 
has authorised the State Enterprise "Intelzahyst" to develop and to maintain the Register of 
Manufacturers and Distributors of Software in Ukraine.   Creation of such a Register is envisaged by 
the "Conception on Legalization of Software and Fi ghting Against its Illegal Use", approved by the 
Cabinet of Ministers of Ukraine in May 2002.  As of July 2004, this Register contained data about 
210 business entities with its information datab ase comprising 249 registered records.  In 
August 2004, the Division of Legalization of Softwa re of the State Enterprise "Intelzahyst" received 
361 requests for registration of the business entities in the Register of Manufacturers and Distributors of Software. 
- Activities in the field of protection of the intellectual property rights and fighting against 
intellectual property rights infringements in Ukraine  
In the framework of implementation of the "The  Programme of Coordinated Activities of the Law-
Enforcement and Supervisory Bodies on Fighting Ag ainst Illegal Manufacturing, Distribution and 
Trade in Audio and Video Production, Compact Discs and Other Objects of the Intellectual Property", 
adopted by the Joint Decree of the relevant mini stries and institutions of Ukraine, the complex 
activities on the prevention, detection and termination of infringements in the sphere of intellectual 
property are being held on a regular basis. 
According to the information of the Chief Dire ctorate of Education and Science of the State 
Administration of Kharkiv Region, in June 2004 the Mi nistry of Internal Affairs of Ukraine inspected 
1,024 regional business entities involved in manufacturing and distribution of the intellectual property 
objects. 
Based on the results of these inspections, 7 cr iminal cases have been initiated, including: 
- 3 cases under Article 176 of the Criminal Code of Ukraine (infringements of copyright and 
related rights); 
- 1 case under Article 227 of the Criminal Code of Ukraine (manufacturing or trade in poor-
quality products); 
- 2 cases under Article 229 of the Criminal Code of Ukraine (illegal use of a trademark for 
goods and services); and 
- 1 case under Article 364 of the Criminal Code of Ukraine (abuse of power). 
There were also 232 administrative protocols composed, including:                                - 24 under Article 51-2 of the Code of Ukrain e on administrative infringements of the law 
(infringement of a right to an intellectual property object); and 
- 52 under Article 164-9 of the Code of Ukrain e on administrative infringements of the law 
(illegal distribution of audiovisual works or phonograms). 
As the results of these inspections, four illegal wo rkshops involved in manufacturing of counterfeit 
products were detected and closed.  All the de tected counterfeit products amounting to UAH 235,185 
were confiscated. 
According to the information of the State Custom Se rvice of Ukraine, in July 2004 the representatives 
of this governmental body confiscated 4,836 co mpact discs and 156 items of other audiovisual 
products, intended for illegal border crossing. 
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