RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/117 
15 April 2004 
 (04-1694) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Submission from Ukraine  
 
Implementation of the WTO Agreement on 
Trade-Related Aspects of Intellectual Property Rights (TRIPS) 
 
  The following submission, dated 8 April 2004, is  being circulated at the request of the 
Delegation of Ukraine. 
  
_______________ 
 
 WT/ACC/UKR/117 
Page 2  
 
  
Formalized Table WT/ACC/9 on the Compliance of Ukrainian Legislation with Norms of the WTO 
Agreement on Trade-Related Aspects of  Intellectual Property Rights (TRIPS)  
 
TRIPS Agreement Ukraine 
General Obligations IP Agreements to which the country adheres 
Compliance with Articles 1 th rough 12 and Article 19 of 
the Paris Convention for the Protection of Industrial 
Property in respect of Parts II, III, and IV of the TRIPS 
Agreement. TRIPS Article 2. Ukraine is a member of the Paris Union from 
25 December 1991. 
Under Paris, Article 1(2), indu strial property has as its 
object patents, utility mo dels, industrial designs, 
trademarks, service marks, trade names, indications of 
source or appellations of origin, and the repression of 
unfair competition. Civil Code of Ukraine (entered into force on 
1 January 2004) 
Commercial Code of Ukraine (entered into force on 
1 January 2004) 
 
Customs Code of Ukraine 
 
Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 6.2, 
6.3, Law "On Protection of Rights to Trademarks for Goods 
and Services" No. 3689-XII, of 15 December 1993, 
Article 1, 5, Law "On the Protection of Rights to Industrial 
Designs" No. 3688-XII, of 15 December 1993, Article 5, 
Law "On the Protection of Ri ghts to Plant Varieties" 
No. 3116-XII, of  21 April 1993, Article 6, Law "On 
Protection of Rights to Indications of Origin of Goods" 
No.752-XIV, of 16 June 1999, Article 1, 6 Law "On the 
Protection Against Unfair Competition" No. 236/96, of 
7 June 1996, Article 1-3 
In Paris.  Article 1(3), indus trial property applies not only 
to industry and commerce proper, but to agricultural and 
extractive industries and to all manufactured or natural 
products, e.g., wines, grain, tobacco leaf, fruit, cattle, 
minerals, mineral waters, beer, flowers, and flour. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 6.2, 
6.3, Law "On Protection of Rights to Trademarks for Goods 
and Services" No. 3689-XII, of 15 December 1993, 
Article 1, 5, Law "On the Protection of Rights to Industrial 
Designs" No. 3688-XII, of 15 December 1993, Article 5, 
Law "On the Protection of Ri ghts to Plant Varieties" 
No. 3116-XII, of  21 April 1993, Law "On Protection of 
Rights to Indications of Origin of Goods" No. 752-XIV, of 
16 June 1999, Article 1, 6 
Under Paris, Article 2, nationals of Members are to enjoy 
in other Members the advantages that their respective laws 
grant to nationals, and shall have the same protection and 
the same legal remedy against any infringement of their 
rights if they conform to the conditions and formalities 
imposed upon the Memb er's nationals. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 5, 
Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 4, 
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 December  1993, Article 4, Law "On 
Protection of Rights to Indications of Origin of Goods" 
No. 752-XIV, of 16 June 1999, Article 5 
Civil Code of Ukraine  
Paris.  Article 3, requires that nationals of non-Member 
countries domiciles or that have "real and effective" 
industrial or commercial esta blishments in a Member 
country be treated as natio nals of a Member country. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 5, 
Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 4, 
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 Decem ber 1993, Article 4  WT/ACC/UKR/117 
 Page 3 
 
 
 TRIPS Agreement Ukraine 
General Obligations IP Agreements to which the country adheres 
Under Paris, Article 4.a right of  priority is to be given an 
applicant for a patent, for regist ration of a utility model, an 
industrial design, or of a trademark who has filed the 
equivalent of a regular national filing under the domestic 
legislation of a Member country.  The periods of priority 
are to be 12 months for patent s and utility models, and six 
months for industrial desi gns and trademarks.  The 
Article discusses the technical details of granting priority 
in depth. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 15, 
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 December 1993, Article 13, Law "On 
Protection of Rights to Tradem arks for Goods and Services" 
No. 3689-XII, of 15 Decem ber 1993, Article 9 
 
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are 
independent of each other. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 7 
Article 4 ter requires that inventors have the right to be 
named as such in the patent. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 12.6 
Under Article 4 quater  restrictions or limitations on the sale 
of a patented product or a product produced by a patented 
process cannot be the grounds for refusing a patent or 
invalidating one already issued .  Under Article 5(A)(1), 
importation of a patented produ ct manufactured in a Paris 
Union country cannot be the basis of forfeiture of the 
patent.  Article 5(A)(2) and (3) authorize countries to use 
compulsory licensing as a means to prevent abuses, such as 
the failure to work, but they May not forfeit a patent unless 
the grant of a compulsory licen se would not be sufficient to 
prevent the abuse.  Proceedings for forfeiture or revocation 
cannot be institute until two years after the grant of the first 
compulsory license. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 30.3, 
33.1 
 
 
 
Article 5(A)(4) prohibits application for a compulsory 
license for failure to work until four years have passed 
since tile application was filed or three years from date of 
grant and no compulsory license is to be granted if the 
patentee justifies the failure to work.  Licenses are to be 
non-exclusive, and May not be transferred except with the 
enterprise or goodwill that exploits the license.  
Article 5(B) prohibits forfeiture of industrial designs for 
failure to work or for importing articles corresponding to 
those that are protected. Law "On the Protection of Rights to Inventions and Utility 
Models", No. 3687-XII, of 15  December 1993, Article 30.3 
 
 
 
Article 5(C) prohibits cancellation of a mark for unjustified non-use before a reasonable pe riod of time has passed and 
permits the proprietor to use differing elements that do not 
diminish the distinctive character of a mark without 
invalidating the registration or diminishing the protection 
granted the mark.  Concurrent use of the mark by co-
proprietors is permitted so long as the public is not 
mislead. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 17, 18.4 
 
 
Under Article 5(D), protection of patents, registered trademarks, and industrial designs cannot be conditioned 
upon indication or mention of such patent, trademark 
registration, or industr ial design protection. Law "On the Protection of Rights to Inventions and Utility 
Models", No. 3687-XII, of 15 December 1993, Law "On 
Protection of Rights to Tradem arks for Goods and Services" 
No. 3689-XII, of 15 December 1993, Law "On the 
Protection of Rights to Industr ial Designs" No. 3688-XII, of 
15 December 1993  
Article 5 bis requires that a grace period of at least six 
months be provided for the pa yment of maintenance fees 
for industrial property, but a surcharge is permissible.  
Countries are authorized to restore patents that lapsed for 
non-payment of fees. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 32.2, 
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 December 1993, Article 24.2, Law "On 
Protection of Rights to Tradem arks for Goods and Services" 
No. 3689-XII, of 15 Decembe r 1993, Article 18.2 
Article 5 ter prohibits a Paris Member from making use of 
patented devices aboard a vesse l, aircraft, of land vehicle 
temporarily or accidentally in the territory or the Member. Law "On the Protection of Rights to Inventions and Utility 
Models", No. 3687-XII, of 15  December 1993, Article 31.2 WT/ACC/UKR/117 
Page 4  
 
 TRIPS Agreement Ukraine 
General Obligations IP Agreements to which the country adheres 
Article 5 quater  requires that process pa tent owners have all 
the rights against an imported product produced by the 
patent process that they would have with respect to 
products manufactured at home. Law "On the Protection of Rights to Inventions and Utility 
Models", No. 3687-XII, of 15 December 1993, Article 6.6, 
28.2 
Article 5 quinquies  requires that Paris Members protect 
industrial designs. Law "On the Protection of Rights to Industrial Designs" 
No.3688-XII, of 15 December 1993 
Civil Code of Ukraine 
Article 6 makes the conditions for filing and registration of 
trademarks subject to domesti c legislation but also makes 
filing and registration indepe ndent of those in other 
countries, including the country of origin. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993 
 
Article 6 bis requires parties, ex officio if legally possible 
or at the request of an interested  party, to refuse to register 
or, for a period of at least 5 years, to cancel the registration 
of a trademark confusingly similar to a well-known mark.  
No time limit is placed on a mark used in bad faith. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 6.3, 
25 
Article 6 ter requires Members to refuse to register or to 
invalidate the registration that includes, without 
authorization, armorial bearings, flags, state emblems, 
official signs and hallmarks, et c.  An exception is provided 
for owners of rights acquired in good faith before the 
Convention entered into force for that country.   Law of Ukraine "On Protection of Rights to Trademarks for 
Goods and Services" No. 3689-XII, 15 December 1993, 
Article 6.1 
 
 
Article 6 quater  makes the assignment of a mark valid if the 
portion of the business or goodwill of the business together 
with the exclusive right to manufacture and sell the goods 
bearing the mark are also transferred.    
Article 6 quinquies  requires that trademarks duly registered 
in a Member be accepted for filing in other Members, with certain reservations, and es tablishes the conditions under 
which a trademark May be denied registration or May be 
invalidated.   Law "On Protection of Rights to Trademarks for Goods and 
Services", No. 3689-XII, of 15 December 1993, Article 5, 6 
Article 6 sexties  states that Paris Members undertake" to 
protect service marks without being required to provide for 
their registration. Law "On Protection of Rights to Trademarks for Goods and 
Services", No. 3689-XII, of 15 December 1993, Article 1 
Civil Code of Ukraine 
Article 6 septies  requires that trademark owners be able to 
oppose or request cancellation of  a registration of their 
trademarks applied for by their agent or representative 
without their authorization "unless the agent or 
representative justifies his action. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993 
Article 7 states that the nature of the goods to which a 
trademark is applied May in no case be an obstacle to the 
registration of the trademark. (Duplicate language is in 
TRIPS Article 15.4.) Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993 
Article 7 bis requires that Members permit registration of 
collective marks belonging to as sociations the existence of 
which is not contrary to the law of the country of origin, 
even where the association is not established in the country 
where protection is being sought. Law of Ukraine "On Protection of Rights to Trademarks for 
Goods and Services" No. 3689-XII, 15 December 1993, 
Article 7.5 
Article 8 requires that trade names be protected by Members without the necessity of registration, whether or 
not the names are part of a trademark. Regulation On the Firm, approved with Resolution "On 
Enactment of the Re gulation on the Firm", of 22 June 1927, 
sections 1-14, Law "On Protection Against Unfair 
Competition" No. 236/96-VR, of 7 July 1996, Article 4 
Civil Code of Ukraine 
Commercial Code of Ukraine 
Article 9 requires seizure on importation or exclusion or 
goods bearing a trademark or trade name without 
authorization, unless a country's laws provide for neither 
remedy, in which case domestic actions and remedies must 
be available. Civil Procedural Code, Article  248-1, "Regulation on the 
Procedure on Registration and Transfer Across Ukraine's 
Customs Border of Goods Containing the IP Objects", 
approved by Resolution of the Cabinet of Ministers 
No. 412, of 28 April 2001, Sections 6-14 
Customs Code of Ukraine  WT/ACC/UKR/117 
 Page 5 
 
 
 TRIPS Agreement Ukraine 
General Obligations IP Agreements to which the country adheres 
Article 10 applies the obligation of Article 9 to the direct or 
indirect use of false indicati ons of source of goods, or false 
indication of the producer, manufacturer, or merchant of 
such goods. Customs Code of Ukraine, Civil Procedural Code, 
Article 248-1, "Regulation on th e Procedure on Registration 
and Transfer Across Ukraine's Customs Border of Goods 
Containing the IP Objects", approved by Resolution of the 
Cabinet of Ministers No. 412, of 28 April 2001, Sections 6-
14 
Article 10 bis requires Members to provide protection 
against unfair competition, including against acts that 
create confusion of various kinds about the goods or 
activities of a competitor, that  consist of false allegations 
about a competitor, or that are apt to mislead the public 
regarding a competitor's goods. Law "On Protection Against Unfair Competition" 
No. 236/96-VR, of 7 July 1996, Articles 1-33 
Code of Ukraine on Administrative offences No. 8073-X of 
7 December 1984, Article 164-3 
Article 10 ter requires that Members undertake to assure to 
foreign nationals effective lega l remedies to repress actions 
referred to in Articles 9, 10 and 10 bis, and to allow 
federations and associations representing foreign 
businesses, on the basis of reciprocity, to take action in 
court and before administrative authorities to repress such 
acts.   Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 4.1, 
21, Law "On Protection of Rights to Indications of Origin 
of Goods" No. 752-XIV, of 16 June 1999, Article 25, Law 
"On Protection Against Unfair Competition" No. 236/96-
VR, of 7 July 1996, Articles 27-33 
Civil Procedural Code of Ukraine, Chapter 4-A, 
Commercial Procedural Code of Ukraine,  
Chapter V-1 
Article 11 requires that tem porary protection. consistent 
with domestic legislation, be afforded to patentable 
inventions, utility models , industrial designs and 
trademarks in respect of goods exhibited at official or 
officially recognized international exhibitions held in their 
territory. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 9.  
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 Decem ber 1993, Article 13 
Article 12 requires Members to establish industrial 
property offices for patents.  utility models, industrial 
designs and trademarks fo r the communication to the 
public through publication of a periodic journal of the 
names of patent owners with a brief designation of their 
inventions, and the reproduction of trademarks. Law "On the Protection of Rights to Inventions and Utility 
Models", No. 3687-XII, of 15 December 1993, Articles 3  
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 Decem ber 1993, Article 2 
Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 2 
Article 19 authorizes Members to enter into separate and 
special industrial property ag reements among themselves, 
so long as those agreements do not contravene the 
provisions of Paris. Law "On the International tr eaties of Ukraine", No.3767-
XII of 15 December 1993, Article 5 
National treatment, with exceptions allowed in the Paris, Berne and Rome Conventions.  Article 3. Law "On the Protection of Rights to Inventions and Utility 
Models", No. 3687-XII, of 15 December 1993, Article 5, 
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 December  1993, Article 4, Law "On 
Protection of Rights to Tradem arks for Goods and Services" 
No. 3689-XII, of 15 December  1993, Article 4, Law "On 
Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 6, Law of Ukraine "On Protection of 
Rights to Indications of Origin of Goods" No. 752-XIV 
16 June 1999, Article 5, Law "On Protection of Rights to 
Integrated Circuits Design" No. 621/97, of 
5 November 1997, Article 3, Civil Procedural Code, 
Article 423 WT/ACC/UKR/117 
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 TRIPS Agreement Ukraine 
General Obligations IP Agreements to which the country adheres 
Most favoured nation treatment, with enumerated 
exceptions.  Article 4. Law "On the Protection of Rights to Inventions and Utility 
Models", No. 3687-XII, of 15 December 1993, Article 5, 
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 December  1993, Article 4, Law "On 
Protection of Rights to Tradem arks for Goods and Services" 
No. 3689-XII, of 15 December  1993, Article 4, Law "On 
Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 6, Law of Ukraine "On Protection of 
Rights to Indications of Origin of Goods" NO. 752-XIV 
16 June 1999, Article 5, Law "On Protection of Rights to 
Integrated Circuits Design" No. 621/97, of 
5 November 1997, Article 3, Civil Procedural Code, 
Article 423 
Copyright and Neighbouring Rights Cita tion to copyright and related laws 
Compliance with Articles I through 21 of the Berne 
Convention with the exception of  Article 6bis, Article 9.1.  
Article 2 defines "literary and artistic works" as "every 
production in the literary, sc ientific and artistic domain 
whatever May be the mode or  form of its expression," 
giving examples. Limitations related to speeches are 
provided in Article 2 bis. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 8 
Civil Code of Ukraine 
 
 
Article 3 requires that protection be provided to the works of authors who are nationals of Berne Union members and 
to works of nationals of non-Union countries if those 
works are published in a Union member simultaneously 
with publication in the non-Union country.   Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 6 
Article 4 requires that protection be provided cinematographic works not fa lling under Article 3 if the 
maker has a headquarters or ha bitual residence in a Union 
member and to works of architecture or artistic works 
incorporated into a building or structure in a Union 
member. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 3.1 
Article 5 requires that authors enjoy the rights required by Berne and any other rights a country provides works on a 
national treatment basis without being subject to any 
formalities. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 6, Article 11.2 
Article 7 requires that the te rm of protection for copyright 
be 50 years following the death of the author.  Special 
terms are authorized for cinematographic works, 
anonymous or pseudonymous works, photographic works 
and works of applied Article.  Article 8 gives authors of 
protected works the exclusive right to make or authorize 
the making of translations of the work. Law "On Copyright and Related Rights" No. 2627-III, 
of11  July 2001, Article 28 
Civil Code of Ukraine 
Article 9 requires that authors be given the exclusive right to authorize reproduction of the work in any manner or 
form with only limited exceptions that do not conflict with 
the normal exploitation of the work and do not 
unreasonably prejudice the legitimate interests of the 
author. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Articles 15.3, 15.6, 21-25 
Civil Code of Ukraine 
 
 
Articles 10 and 10 bis define certain authorized "free uses 
of works". Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 15.3, 15.6, 21-25, 42 
Articles 11, 11 bis, and 11 ter require that authors of 
dramatic, dramatico-musical and musical works and any 
translation thereof and authors of literary and artistic 
works, the exclusive right to authorize the public 
performance of their works, in cluding by broadcast, public 
recitation and any communication to the public. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Articles 15.3 
Civil Code of Ukraine 
 
Article 12 requires that authors of literary or artistic works 
have the exclusive right to authorize adaptations, 
arrangements and other alterations of their works. Law "On Copyright and Related Rights" No. 2627-II, 
of 11 July 2001, Article 15.3 
Civil Code of Ukraine  WT/ACC/UKR/117 
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 TRIPS Agreement Ukraine 
General Obligations IP Agreements to which the country adheres 
Article 13 authorizes countries  to impose reservations and 
conditions on the exclusive right granted authors of 
musical works or written works that are recorded. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 42, 49.2 
Articles 14 requires that authors of literary and artistic works have the exclusive right to authorize the 
cinematographic adaptation and reproduction of their 
works and the distribution, public performance and 
communication to the public of the adaptation or 
reproduction, without the li mitations authorized under 
Article 13(1). Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 15, 17 
 
 
Article 14 bis specifies that a cinematographic work is to be 
protected as an original wo rk without prejudice to any 
work that is adapted or reproduced and the author of the 
cinematographic work is to enjoy the same rights as the 
author of any other work. Law "On Copyright and Related Rights" No. 2627-III, 
of July 11, 2001, Article 8.1, 17 
Civil Code of Ukraine 
 
 
Article 14 ter requires "droit de suite" in connection with 
subsequent sales works of art and manuscripts. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 27 
Civil Code of Ukraine 
Article 15 requires that ownership of a work, for purposes of litigation, be presumed to be that which appears on the 
work in the usual manner. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 11 
Civil Code of Ukraine 
Article 16 requires that infr inging copies of a work be 
subject to seizure whether domestically produced or 
imported.   Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 52, Civil Procedural Code, 
Article 248-1, Customs Code of Ukraine, "Regulation on 
the Procedure on Registration and Transfer Across 
Ukraine's Customs Border of Goods Containing the IP 
Objects", approved by Resolution of the Cabinet of 
Ministers No. 412, of 28 Ap ril 2001, Sections 6-14 
Article 18 requires that copyright protection be applied to 
all works which, at the moment Berne becomes effective, 
have not fallen into the pub lic domain in the country of 
origin through the expiry of the term of protection. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Final Provisions, sections 8-11 
Article 19 authorizes Union members to provide greater 
protection than that required by the Convention. Law "On International Treaties  of Ukraine", No. 3767-XII, 
of 22 December 1993 
Article 20 authorizes Union members to enter into special 
agreements among themselves to provide more extensive 
rights than those provided by Berne. Law "On International Treaties  of Ukraine", No. 3767-XII, 
of 22 December 1993 
Protect computer programs, wh ether in source or object 
code, as literary works under the Berne Convention.  
Protect compilations of data, whether in machine readable 
or other form are to be protec ted as intellectual creations if 
they constitute such.  Article 10. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 8.1, 18 
Civil Code of Ukraine 
Provide rental rights at least for computer programs and 
cinematographic works with certain exceptions.  
Article 11. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 15.3 
Civil Code of Ukraine 
Provide a term of protection of fifty years from the death of tile author (Berne Article 7.1 and TRIPS Article 9.1) or, for 
works the term of which is not measured by the life of the 
author, a term of 50 years from the end of the calendar year 
of authorized publication, or , if not published within fifty 
years from making, fifty years from the end of the calendar 
year of making.  Article 12. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 28.2-28.10 
Civil Code of Ukraine 
Confine limitations and excepti ons to exclusive rights to 
certain special cases which do not conflict with a normal 
exploitation of the work and do not unreasonably prejudice 
the right holder's legitimate interests.  Article 13.   Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Articles 15.6, 21-25 
Civil Code of Ukraine WT/ACC/UKR/117 
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 TRIPS Agreement Ukraine 
General Obligations IP Agreements to which the country adheres 
Provide performers with the right for 50 years from the 
date of a performance to prevent unauthorized fixation of 
their unfixed performances and of reproductions of such 
fixations and to prevent the unauthorized broadcast by 
wireless means and communication to the public of their 
live performances.  Article 14.1 and 5. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Articles 39, 44 
Civil Code of Ukraine 
 
 
Provide phonogram producers with the right for 50 years from the date of first authorized fixation to prohibit 
unauthorized reproduction of their phonograms, directly or 
indirectly, and to prohibit rental of copies of their 
phonograms once sold or otherwise distributed.  
Article 14.2, .4, and .5. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Articles 40, 44, Final Provisions 8-11. 
Civil Code of Ukraine 
 
 
Providing broadcasting organiza tions with the exclusive 
rights for 20 years of fixati on, reproduction of fixations, 
and re-broadcasting by wireless means of their  broadcasts 
and the communication to the pub lic of broadcasts of their 
broadcasts or provide to the owners of the copyright in the 
material broadcast the possibility of exercising such rights.  
Article 14.3 and 5. Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Articles 41, 44, Final Provisions 8-11. 
Civil Code of Ukraine 
 
 
Trademarks Citation to appropriate law 
Provide trademark or service mark protection for any sign, or combination of signs capable of distinguishing the 
goods or services of one unde rtaking from those of other 
undertakings.  Article 15.1 Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Articles 1, 
5.2, 6.2. 
Civil Code of Ukraine 
Not deny registration for a mark  based solely on the nature 
of the goods or services to which a trademark is to be 
applied.  Article 15.4. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 6. 
Trademarks must be publishe d before or shortly after 
registration to permit opposition or opportunity to apply for 
cancellation.  Article 15.5. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Articles 12, 
15, 19, 21. 
Provide trademark owners the exclusive right to prevent 
unauthorized use identical or similar marks for similar 
goods or services of other part ies if confusion is likely to 
result.  Article 16.1 Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Articles 
16.3, 20 
Civil Code of Ukraine 
Presume confusion where an iden tical mark is used without 
authorization on identical goods or services.  Article 16.1. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, 
Article 16.5, 20 
Provide protection for well know trademarks and service 
marks in accordance with Article 6bis, of the Paris 
Convention, even where use is on goods or services which 
are not similar to those in respect of which a trademark is 
registered if the latter use would imply a c onnection with 
the right holder or would be likely to damage the right 
holder's interests.  Article 16.2 and .3. Law "On Protection of Rights to Trademarks for Goods and 
Services" No.3689-XII, of 15 December 1993, Article 6.3, 
25 
 
 
Allow only limited exceptions to the rights conferred by a 
trademark such as fair use of descriptive terms.  Article 17. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 6 
Provide a period of protection for registration of at least seven years, renewable in definitely.  Article 18. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 5.3 
Allow cancellation for non-use onl y after a period of three 
years of uninterrupted non-use unless valid reasons exist 
for the non-use, including government interference with 
use.  Article 19.1. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Article 18 
No encumbering of the use of a trademark by special requirements.  Article 20. No requirements prohibited by  TRIPS exist in Ukraine. 
May establish conditions fo r licensing but compulsory 
licensing not permitted and owner of registered mark must 
be able to assign it with or without transfer of business.  
Article 21. Law "On Protection of Rights to Trademarks for Goods and 
Services" No. 3689-XII, of 15 December 1993, Articles 16 
Civil Code of Ukraine  WT/ACC/UKR/117 
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General Obligations IP Agreements to which the country adheres 
Geographical Indications Citation  to appropriate law or laws 
Provide means to prevent deceptive use of Geographical 
indications identifying location where a given quality, 
reputation or other characteristic  of a good is attributable to 
its location.  Article 22.1 and 2. 
Refuse to register or invalidat e registrations of trademarks 
containing geographical indications except in instances in 
which such marks have been used continuously for at least 
ten years or in good faith before 15 April 1994.  
Article 22.3 Law "On Protection of Rights to Indications of Origin of 
Goods" No. 752-XIV, of 16 June 1999, Article 1, 6, 17.4, 
23, 25, Law "On Protection of Rights to Trademarks for 
Goods and Services" No.3689-XII, of 15 December 1993, 
Article 6.2, 6.3 
 
 
Protect against use of geograp hical indications even when 
literally true but which falsely represent that the goods 
originate in another territory.  Article 22.4 Law "On Protection of Rights to Indications of Origin of 
Goods" No. 752-XIV, of 16 June 1999, Article 8.1. 
Protect, with certain exceptions , appellations or origin for 
wines and spirits even against use accompanied by 
expressions such as 'kind," type,"  "style," etc.  Article 23.1 
and 24. Law "On Protection of Rights to Indications of Origin of 
Goods" No. 752-XIV, of 16 June 1999, Articles 23 
Refuse or invalidate, with certain exceptions trademark registrations containing geogr aphical indications for wines 
and spirits if they do not originate in the place named.  
Article 23.2 and 24. Law "On Protection of Rights to Indications of Origin of 
Goods" No. 752-XIV, of 16 June 1999, Law "On Protection 
of Rights to Trademarks for Goods and Services" No. 3689-
XII, of 15 December 1993, Article 6.3 
Industrial Designs Citation to appropriate law 
Provide, with certain exceptions, protection for new or 
original, independently created industrial designs.  
Article 25.1. Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 Decem ber 1993, Article 6.1 
Civil Code of Ukraine 
Ensure that requirements for securing protection for textile 
designs are not prohibitive of such protection.  
Article 25.2. Law "On Copyright and Relate d Rights" No .2627-III, of 
11 July 2001, Article 8.1 
Law "On the Protection of Rights to Industrial Designs" 
No. 3688-XII, of 15 December 1993 
Protection should last at least 10 years.  Law "On the Protec tion of Rights to Industrial Designs" 
No. 3688-XII, of 15 Decem ber 1993, Article 5.5 
Civil Code of Ukraine 
Patents Citation to appropriate law 
Provide patents for any inve ntions, whether products or 
processes, in all fields of technology if they are new, 
involve an inventive step and are industrially applicable.  
Exceptions are permitted for plants and animals, except for 
microorganisms and non-biolog ical and microbiological 
processes.  Exemptions are also permitted for reasons of 
ordre public and morality.  Article 27. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Articles 1, 6, 
7.1.  Law "On the protection of Rights to the Plant 
Varieties" No. 3116-XII, of 21 April 1993 
Civil Code of Ukraine 
Provide patent owners with th e right to prevent others from 
making, using, offering for sale, selling or importing a 
patented product or from using a patent process or using, 
offering for sale, selling or importing a product produced 
directly using such pr ocess.  Article 28.1. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Articles 28 
Civil Code of Ukraine 
 
 
Give patent owners the right to assign the rights in the 
patent, or transfer the rights by succession, or license them.  
Article 28.2 Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Articles 10, 
28.6, 28.7, 28.8 
Civil Code of Ukraine 
Require applicants to disclose  the invention so that one 
skilled in the art can carry it out and May require indication 
of the best mode and info rmation on corresponding foreign 
applications.  Article 29. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Articles 
12.7, 12.8 
Ensure that any exceptions to exclusive patent rights do not unreasonably conflict with norm al exploitation of the 
patent and do not unreasonabl y prejudice the legitimate 
interests of the patent owner, taking third party interests 
into account.  Article 30. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Articles 31 
Civil Code of Ukraine 
 
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General Obligations IP Agreements to which the country adheres 
Compulsory licenses can be issued only when enumerated 
conditions are met, including such things as notice, 
remuneration, limitations on use and transfer of the license, 
etc.  Article 31. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Articles 
30.1-30.3, 30.5, "Procedure for Providing a Permit by the 
Cabinet of Ministers of Ukraine for Using the Invention 
(Utility Model), Industrial Design or Topology of an 
Integrated Circuit Design without the Right Holder's 
Consent, but with Compensation to Him" approved by the 
Resolution of the Cabinet of Ministers No. 444, of 
6 April 1998, sections 6, 7, 8, 9 
Provide an opportunity for judici al review of decisions to 
revoke or forfeit a patent.  Article 32. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 35.2 
Provide a patent term of at least 20 years from the filing date.  Article 33. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 6.4 
Civil Code of Ukraine 
Shift the burden of proof in process patent infringement 
actions to the defendant in in stances in which tile product 
produced by the process is new or where it is substantially 
likely that the identical produc t was made using the process 
and the patent owner has been unable through reasonable 
efforts to determine the process used.  Article 34. Law "On the Protection of Rights to Inventions and Utility 
Models" No. 3687-XII, of 15 December 1993, Article 28.2 
Integrated-Circuit Layout Design s Citation to appropriate law 
Provide protection for original layout designs of integrated 
circuits that are registered or have been commercially 
exploited anywhere in the world.  Articles 3, 4, 5, and 7 of 
the Washington Treaty as incorporated into TRIPS by 
Article 35. Law "On Protection of Rights to Integrated Circuits 
Design" No. 621/97, of 5 November 1997, Article 4, 5 
Civil Code of Ukraine 
 
Make unlawful, except in certain circumstances, the reproduction, importation, sale or other distribution of a 
protected layout design or an  integrated circuit embodying 
such design or an Article cont aining such a microcircuit.  
Article 6 of Washington and Article 36 of TRIPS. Law "On Protection of Rights to Integrated Circuits 
Design" No. 621/97, of 5 Nove mber 1997, Articles 16, 21.1 
Civil Code of Ukraine 
Provide such protection for a term of I 0 years from the 
films, of an application for registration or from first 
commercial exploitati on.  Article 38. Law "On Protection of Rights to Integrated Circuits 
Design" No. 621/97, of 5 November 1997, Articles 4.3 
Civil Code of Ukraine 
Undisclosed Information Citation  to appropriate law or laws 
Provide protection for undisclosed information that is 
secret (not generally known or  readily ascertainable); has 
commercial value because of its secrecy., and has been 
subject to reasonable steps to keep it secret.  Article 39.2. Law of Ukraine "On Information" No. 2657-XII, of 
2 October 1992 Article 30.2, 45, 46, Criminal Code, 231, 
232, Law "On Protection Against Unfair Competition" 
No. 236/96-VR, of 7 July 1996, Articles 16-19, Civil Code 
of Ukraine 
Protect data submitted to obtain marketing approval for 
pharmaceutical or agricultural chemicals utilizing a new 
chemical entity.  Article 39.3. Civil Code of Ukraine  WT/ACC/UKR/117 
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General Obligations IP Agreements to which the country adheres 
Enforcement Citation to appropriate law or laws 
General Provisions  
Provide for effective action against infringement of 
intellectual property rights without creating barriers to 
legitimate trade or opportunitie s for abuse.  Article 41.1 Constitution, Article 41, 54, Law On Property No. 697-XII, 
of 7 February 1991, Article 13. 
See also: Civil Code of Ukrain e, Civil Procedural Code; the 
Criminal Code of Ukraine, Code of Ukraine on Administrative Violations, C ode of Ukrainian Laws on 
Labour, Customs Code of Ukraine, Law of Ukraine "On 
Protection of Rights to Industrial Design" of 
15 December 1993, No. 3688-XII, Law of Ukraine "On 
Protection of Rights to Tradem arks 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-XIV, Law of Ukraine 
"On Copyright and Related Rights" of 11 July 2001, 
No. 2627-III.  
Provide enforcement procedures that are fair and equitable 
and are not unnecessarily complicated or costly and do not 
entail unreasonable time-limits  or unwarranted delays.  
Article 41.2  Civil Procedural Code of Ukraine, Article 6, 423, 424, Law 
On Antimonopoly Committee, Article 4, "Rules of 
Consideration of Cases on the Violation of Antimonopoly 
legislation" Approved by Order of the Antimonopoly 
Committee No. 5, of 19 April 1994 (as amended by Order 
of the Antimonopoly Committee No. 169-r, of 
29 June 1998), Section 2, Decree "On the State Duty", 
No. 7/93, of 21 January 1993, Article 3, Commercial Procedural Code, Article 69 
Law "On Judicial System of Ukraine" No. 3018-III, of 
7 February 2002 
Provide decisions on the merits based upon the evidence 
presented in the case to the parties, preferably in writing 
with the reasons explai ned.  Article 41.3. The Civil  Procedural Code of Ukraine, Article 211, 202, 
Commercial Procedural Code, Article 82, Law "On the 
Protection of Rights to Trademarks and Service Marks", 
Article 15, Law "On the Protection of Rights to Inventions 
and Utility Models" No. 3687-XII, of 15 December 1993, 
Article 24, Law "On the Protection of Rights to Industrial 
Designs" No. 3688-XII, of 15 December 1993, Article 19, 
Law "On Protection of Rights to Indications of Origin of 
Goods" No. 752-XIV, of 16 June 1999, Article 13, Law 
"On the Protection Against Unfair Competition" 
No. 236/96, of 7 June 1996 Article  32, Criminal Procedural 
Code, Article 347, Article 236 
Provide for appeals to judicial bodies of final administrative decisions and of at least the legal aspects of 
initial judicial decisions on the merits of a case.  
Article 41.4. The Civil  Procedural Code of Ukraine, Article 211, 202, 
Commercial Procedural Code, Article 82, Law "On the 
Protection of Rights to Trademarks and Service Marks", 
Article 15, Law "On the Protection of Rights to Inventions 
and Utility Models" No. 3687-XII, of 15 December 1993, 
Article 24, Law "On the Protection of Rights to Industrial 
Designs" No.3688-XII, of 15 December 1993, Article 19, 
Law "On Protection of Rights to Indications of Origin of 
Goods" No. 752-XIV, of 16 June 1999, Article 13, Law 
"On the Protection Against Unfair Competition" 
No. 236/96, of 7 June 1996, Arti cle 32, Criminal Procedural 
Code, Article 347, Article 236 
Civil and Administrative Pr ocedures and Remedies  
Provide a procedure that allows plaintiffs to bring an action 
for infringement; requires that  defendants be notified; 
permits both side to present evidence in support of their 
position; and protects confidential  information.  Article 42  Civil Procedural Code of Ukraine, Criminal Procedural 
Code, Article 4, 10, 99, 110,  137, 138, Law "On Unfair 
Competition", No. 236/96, of 7 June 1996, Articles 16-19 WT/ACC/UKR/117 
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General Obligations IP Agreements to which the country adheres 
Authorize judges to order production of evidence necessary 
to substantiate a party's clai ms where that party has been 
unable to obtain such eviden ce from the opposing party.  
Article 43. 1.  Civil Procedural Code, Article  35, 36, 38, 47, 48, 53, 202, 
203, Chapter 4-A, Commercial Procedural Code, 
Article 38.1, Chapter V-1 
Authorize judges to enjoin a defendant, except the government, from infringing intellectual property rights.  
Article 44. 1. Civil Procedural Code, 149, 151, 152, Commercial 
Procedural Code, Article 67, Law of Ukraine "On 
Copyright and Related Rights", No. 2627-III, of 
11 July 2001, Article 52.2, Law "On the Protection of 
Rights to Industrial Designs" No.3688-XII, of 
15 December 1993, Article 26, 27, Law "On the Protection 
of Rights to Trademark and Service Marks" No.3 689-XII, 
of 15 December 1993, Article 20, 21, Law "On the 
Protection Against Unfair Competition", No. 236/96, of 
7 June 1996, Article 29 
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the 
infringement.  Article 45.1  Civil Code of Ukraine, Law "On the Protection of Rights to 
Inventions and Utility Models" No. 3687-XII, of 
15 December 1993, Article 34, Law of Ukraine "On 
Copyright and Related Rights", No. 2627-III, of 
11 July 2001, Article 52.1-52.4, Law "On the Protection of 
Rights to Industrial Designs" No. 3688-XII, of 
15 December 1993, Article 26.2, 20.2, Law "On Protection 
of Rights to Indications of Origin of Goods" No. 752-XIV, 
of 16 June 1999, Article 17.4, Law "On Protection of 
Rights to Integrated Circui ts Design" No .621/97, of 
5 November 1997, Article 21 
Authorize judges to order infringer to pay right holders 
enforcement costs and recovery of profits and/or statutory 
damages.  Article 45.2.  Civil Procedural Code, Articles 73, 76,75. 
Civil Code of Ukraine 
Authorize additiona l remedies including seizure of 
infringing goods, and the mate rials and implements the 
predominant use of which is  infringement.  Article 46. Law of Ukraine "On Copyright and Related Rights", 
No. 2627-III, of 11 July 2001, Article 50, Law "On 
Protection of Rights to Tradem arks for Goods and Services" 
No. 3689-XII, of 15 December 1993, Article 21, Law "On 
Protection Against Unfair Competition" No. 236/96-VR, of 
7 July 1996, Article 30, Law "On the Protection of Rights 
to Industrial Designs" No. 3688-XII, of 15 December 1993, 
Article 26, Law "On the Protection of Rights to Inventions 
and Utility Models" No. 3687-XII, of 15 December 1993, 
Article 35, Law "On Protection of Rights to Indications of 
Origin of Goods" No. 752-XIV, of 16 June 1999, 
Article 25, Resolution of the Cabinet of Ministers No. 1340, 
of 25 August 1998 "On the Procedure of Accounting, 
Storage, Evaluation of Confis cated and Other Property that 
Passes into Ownership of the State and Its Management", 
sections 12-16 
Civil Code of Ukraine 
Customs Code of Ukraine 
Authorize indemnification of defendant, including attorneys' fees in the event of abuse by plaintiffs.  
Article 48.1. Civil Procedural Code, Articles 76, 158, Law "On 
Protection Against Unfair Competition" No. 236/96-VR, of 
7 July 1996 
Exempt public authorities and officials from liability in 
connection with the administra tion of intellectual property 
laws only where the actions are taken or intended in good 
faith within the scope of tile relevant authority.  
Article 48.2. Civil Procedural Code, Articles 248-1, 442, 443, Law of 
Ukraine "On Anti-Corruption Regulation" No. 356/95, of 
5 October 1995, Law "On Civil Service" No. 3723-XII, of 
14 December 1993, Article 14, Criminal Code, Article 364-
368 
Ensure that administrative remedies conform to the principles in the preceding Articles.  Article 49. Rules Of Considering Cases Involving Violations of  
Antimonopoly Laws of Ukraine, approved By Order No. 5 
of the Antimonopoly Committee of Ukraine of 
19 April 1994 (as revised by Order No. 169-p of the 
Antimonopoly Committee of Ukraine of 29 June 1998)  WT/ACC/UKR/117 
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General Obligations IP Agreements to which the country adheres 
Provisional Measures  
Authorize judges to grant temporary restraining orders and 
provisional relief to prevent infringement and to preserve 
evidence.  Article 50.1. Civil Procedural Code, Artic les 218, 34, 35, 37, 151, 152, 
Chapter 4-A, Commercial Pro cedural Code, Article 67, 
Chapter V-1 
Civil Code of Ukraine 
Authorize judges to require the complaining party to indemnify the defending party ag ainst harm if the decision 
on the merits finds the provisional relief unjustified.  
Article 50.3. Civil Procedural Code, Artic les 152, 218, 34, 35, 37, 151, 
217, Chapter 4-A, Commercial Procedural Code, 
Article 67, Chapter V-1 
Provide for notice, for formal action by the plaintiff after temporary restraining orders, etc.  Article 50.4. Civil Procedural Code, Artic les 152, 218, 34, 35, 37, 151, 
217, Chapter 4-A, Commercial Procedural Code, 
Article 67, Chapter V-1 
Border Measures  
Provide for suspension of rel ease by customs authorities of 
goods suspected of bearing a counterfeit trademark or of 
being a piratical copyrighted wo rk, either at the request of 
a right holder.  Members are authorized to extend such 
protection to holders of ot her forms of intellectual 
property, Article 51 Customs Code of Ukraine, "Regulation on the Procedure on 
Registration and Transfer Acro ss Ukraine's Customs Border 
of Goods Containing the IP Objects", approved by 
Resolution of the Cabinet of Ministers No. 412, of 
28 April 2001, Section 14 
Require right holders initiating border measures to provide evidence of a prima facie infringement and a description of 
tile goods sufficient for customs authorities to recognize 
them.  The right holder must be notified within a 
reasonable time is action will  be taken on his behalf.  
Article 52 "Regulation on the Procedure on Registration and Transfer 
Across Ukraine's Customs Border of Goods Containing the 
IP Objects", approved by Resolution of the Cabinet of 
Ministers No.412, of Apri l 28, 2001, Sections 6-14, 
Customs Code of Ukraine 
Authorize authorities to require the right holder requesting 
border measures to post a bond  sufficient to protect the 
defendant and to prevent abuse.  Article 53 "Regulation on the Procedure on Registration and Transfer 
Across Ukraine's Customs Border of Goods Containing the 
IP Objects", approved by Resolution of the Cabinet of 
Ministers No. 412, of 28 April 2001, Sections 6, 15, 22, 24, 
Customs Code of Ukraine. 
Requires prompt notification of the right holder and the 
importer when action under Article 51 is taken.  Article 54 "Regulation on the Procedure on Registration and Transfer 
Across Ukraine's Customs Border of Goods Containing the 
IP Objects", approved by Resolution of the Cabinet of 
Ministers No.412, of 28 April 2001, Sections 17, 18, 19, 
Customs Code of Ukraine 
Requires that customs authorities be notified within a maximum of 20 days of the receipt of notice that 
proceedings on the merits have begun or the suspension is 
to be revoked.  Article 55 "Regulation on the Procedure on Registration and Transfer 
Across Ukraine's Customs Border of Goods Containing the 
IP Objects", approved by Resolution of the Cabinet of 
Ministers No. 412, of 28 Apr il 2001, Sections 18, 19, 22, 
23, 24, Customs Code of Ukrain e, Civil  Procedural Code, 
Articles 248-1, 248-2 
Authorities must be authorized to require the right holder 
to compensate the importer or owner of the goods subject 
to border measures if goods were wrongfully detained or if 
proceedings leading to a decision on the merits are not 
begun within tile allotted time.  Article 56. "Regulation on the Procedure on Registration and Transfer 
Across Ukraine's Customs Border of Goods Containing the 
IP Objects", approved by Resolution of the Cabinet of 
Ministers No. 412, of 28 April 2001, Sections 6, 15, 
Customs Code of Ukraine 
Right holders must be allowed to inspect the detained goods in order to substantiate the right holder's claims.  
Importers must be given similar authority.  
Members May give the right holder the names and 
addresses of those involved in the importation when 
infringement is found to exist.  Article 57. "Regulation on the Procedure on Registration and Transfer 
Across Ukraine's Customs Border of Goods Containing the 
IP Objects", approved by Resolution of the Cabinet of 
Ministers No. 412, of 28 April 2001, Sections 6, 21, 
Customs Code of Ukraine 
Establishes the conditions that must be in place if customs 
authorities are authorized to act ex officio, including the 
ability to ask the right holder for information at any time; 
the requirement to notify the importer promptly of the 
suspension; and the requirement that public officials be 
liable if they act in bad faith.  Article 58 Law of Ukraine No. 356/95, of 5 October 1995 "On Anti-
Corruption Regulation", Articl es 1-17, "Regulation on the 
Procedure on Registration and Transfer Across Ukraine's 
Customs Border of Goods Containing the IP Objects", 
approved by Resolution of the Cabinet of Ministers 
No. 412, of 28 April 2001, Sect ions 21, 25, 26, Customs 
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General Obligations IP Agreements to which the country adheres 
Competent authorities must be able to order destruction or 
disposal other than by re-export of infringing goods where 
appropriate.  Article 59 Law "On Copyright and Related Rights" No. 2627-III, of 
11 July 2001, Article 52.4, Customs Code of Ukraine, 
Resolution of the Cabinet of Ministers No. 1340, of 
25 August 1998 "On the Procedure of Accounting, Storage, 
Evaluation of Confiscated and Other Property that Passes 
into Ownership of the State a nd Its Management ", sections 
12-16 
Members are authorized to except from border measures 
small quantities of infringing goods of a non-commercial 
nature carried in personal luggage or shipped in small 
consignments.  Article 60 "Regulation on the Procedure on Registration and Transfer 
Across Ukraine's Customs Border of Goods Containing the 
IP Objects", approved by Resolution of the Cabinet of 
Ministers No. 412, of 28 April 2001, Section 2.2., Customs 
Code of Ukraine 
Criminal Procedures  
Provide criminal procedures a nd penalties, sufficient to act 
as a deterrent, for wilful trademark counterfeiting or 
copyright piracy on a commercial scale.  Authorizes 
extension of criminal actions to  other forms of intellectual 
property where infringements are wilful and on a 
commercial scale.  Article 61. Criminal Code, Articles 176, 177, 229. 
 
 
 
 
 
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