RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/117/Add.1 
15 April 2004 
 (04-1693) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Submission from Ukraine  
 
Addendum  
 
Memorandum on the Protection of Intellectual Property Rights in Ukraine 
  
 The following submission, dated 8 April 2004, is  being circulated at the request of the 
Delegation of Ukraine.   
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 WT/ACC/UKR/117/Add.1 
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 As of this date, Ukraine has put in place the essentia ls required to assure the safeguarding of rights to 
protection of intellectual property, and moral and mate rial interests arising in connection with various 
types of intellectual activities:  a modern-day norma tive and legal framework has been developed in 
the field of intellectual property; and a functional infrastructure has been created providing for the implementation of state policies in the field.  
- Improvements to the Normative and Legal Framework      
Legal relations in the field of intellectual property in Ukraine are regulated by certain provisions of 
the Ukrainian Constitution, the norms of the Civil Code  of Ukraine, the Criminal Code of Ukraine, the 
Commercial Procedural Code of Ukraine, the Cust oms Code of Ukraine, the Code of Ukraine on 
Administrative Violations, the procedural c odes, and norms of certain individual laws. 
Altogether, ten special laws on intellectual property ar e currently in force in Ukraine. Our country is 
party to 18 current multilateral international accords in the field.  Legal relations pertaining to the 
protection of intellectual property rights are also re gulated by about a hundred normative by-laws.    
The national normative and legal framework h as been undergoing steady development and 
improvement. The introduction of changes to current  legislation is required in connection with the 
need for Ukraine to discharge its obligations ar ising from the international agreements to which 
Ukraine is already a party or to which it intends to  accede. These days, Ukraine does its best to make 
possible its accession to WTO and integration into the EU. The process implies the need to fully 
harmonize the national legislation with TRIPS require ments, and to introduce effective enforcement 
measures for intellectual property rights protection.     
The last two years were a period of particularly  intensive improvement of the normative and legal 
framework.  During 2001 – 2002, the Criminal Code of Ukraine was adopted, and amendments were 
introduced to the Code of Ukraine on Administrative Violations.  Norms were added to the two Codes 
specifically intended to reinforce criminal and admi nistrative liability for violations of intellectual 
property rights.  During 2002 – 2003, the Supreme Rada of Ukraine approved the Civil Code of 
Ukraine containing a separate Book entitled "Inte llectual Property Law", as well as the Commercial 
and Customs Codes of Ukraine.  The norms of these codes related to legal protection of intellectual 
property are fully in compliance with international standards. 
To deal with the issue of "piracy" in the field of copyright and related rights, the Law of Ukraine "On 
the Specifics of State Regulation of the Activities of Economic Subjects Related to the Production, Export and Import of Discs Intended for Laser-Readable Systems" was adopted in 2002; amendments were introduced to the Law of Ukraine "On Copy right and Related Rights"; 14 resolutions were 
adopted by the Cabinet of Ministers of Ukrain e introducing effective means for prevention of 
manufacture and distribution of counterfeit products.     
On the whole, during the last two years Ukraine h as made significant steps forward in improving its 
national legislation on intellectual property.  Duri ng the period, six laws pertaining to intellectual 
property were approved, as well as five laws on accession to essential international accords in the 
field and several dozens of by-laws.  In April 20 01, the President of Ukraine issued the decree "On 
Measures to Protect Intellectual Property in Ukrain e".  In June 2002, the Cabinet of Ministers of 
Ukraine approved the "Concept for the Development of the National System of Intellectual Property 
Protection".  
In the 2003 the Supreme Rada of Ukraine adopted: 
− Law "On Introducing Amendments to Certai n Legislative Acts of Ukraine on Legal 
Protection of Intellectual Property" of 22 May 2003.  With its adoption the national  WT/ACC/UKR/117/Add.1 
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 legislation in the field of intellectual prope rty is brought in complete compliance with 
TRIPS norms; 
− Law "On Introducing Amendments to the Law of Ukraine "On Distribution of 
Audiovisual Works and Phonogram Samples" of 10 July 2003; and 
− On 3 February 2004 the Supreme Rada of  Ukraine adopted the Law "On Introducing 
Amendments to Certain Legislative Acts of Ukraine on Intellectual Property Protection". 
- The Implementation of Organizational and Legal Mechanisms Intended for the 
Protection of Intellectual Property Rights 
During the last two years, our country implemente d effective measures aimed at assuring protection of 
intellectual property rights fully in line with the in ternational requirements and standards.  This is 
particularly true in respect to fighting violations in  the field of copyright and related rights.  Following 
the signing in May 2000 of the Ukrainian-American  Joint Program of Action on Combating Illegal 
Production of Optical Carriers of Information, combating piracy assumed all characteristics of state 
policy.  The speedy adoption of the relevant Ukra inian laws, the Cabinet of Ministers Resolutions, 
and other normative and legal acts permitted the cr eation of the necessary legal environment and the 
introduction of effective mechanisms for the implementation of lega l norms imposing tougher 
penalties for violations of intellectual property righ ts and providing for the prevention of manufacture 
and distribution of counterfeit products. 
One of the significant organizational mechanisms fo r the implementation of such legal norms is the 
assurance of supervision over the compliance with legal norms in the field of intellectual property 
covering the entire Ukrainian territory.   
To achieve this, a joint "Agreement on Cooperation in the Field of Assigning SID Codes of Ukraine" 
has been signed by the State Department of Inte llectual Property, the International Federation of 
Phonogram Industry (IFPI), and Philips company,  in accordance to which the State Department 
received a package of SID codes for assignment to Ukrainian manufacturers of discs for laser-readable systems.  In 2002, the state control of illicit production and sale of counterfeit products in Ukrainian territory was intensified as evidenced by active check-ups of the activities of economic 
subjects in the field of intellectual property, the institution of criminal proceedings, and the 
withdrawal of illicit audio cassettes and discs for laser-readable systems.   
In order to assure systematic state supervision over the compliance of economic subjects with the 
requirements of legislation on intellectual property, a special subdivision of state inspectors for matters of intellectual property has been formed with in the State Department of Intellectual Property.  
State inspectors undertake measures to prevent the manufacture and distribution in  the Ukrainian 
territory of counterfeit products, primarily of discs for laser-readable systems.  They function in all 
Ukrainian regions undertaking both routine and surp rise inspections.  Based on the results of an 
inspection, a state inspector may draw up a report of administrative offence.  The work of state 
inspectors for matters of intellectual property is  closely concerted with the activities of law-
enforcement and supervisory bodies: the Ministry of  Internal Affairs, the State Tax Administration, 
and the State Customs Service.   
In 2002, the State Department closely attended to th e build-up of the enforcement  infrastructure.  A 
state enterprise, the "Intelzakhyst", was created ch arged with performing the activities related to the 
improvement of protection provided for the ri ghts to audiovisual works and phonograms in 
accordance with the Laws of Ukraine "On Copyri ght and Related Rights" and "On Distribution of 
Audiovisual Works and Phonogram Samples".  The main purpose of the state enterprise 
"Intelzakhyst" has been to back up the process of issu ing control marks and to maintain the Integrated 
Register of control mark recipients.   WT/ACC/UKR/117/Add.1 
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 Seeking to intensify combating illicit producti on and distribution of audio and video products, 
compact discs and other goods covered by intellect ual property rights, on 21 May 2003 the Ministry 
of Education and Science of Ukraine, Ministry of internal Affairs of Ukraine, Security Service of 
Ukraine, State Tax Administration of Ukraine, the Pr osecutor General's Office of Ukraine, Ministry of 
Culture and Arts of Ukraine, the State Committe e for Regulatory Policy and Entrepreneurship of 
Ukraine and the State Customs Service of Ukraine signed a joint Decree On Approval of the Program 
of Coordinated Actions of Law Enforcement a nd Controlling Agencies Charged with Combating 
Illegal Production, Distribution and Sale of A udio and Video Products, Compact Discs and Other 
Intellectual Property Objects.  The Program identif ies key areas of interaction of the aforementioned 
agencies with respect pursuing a unified policy in countering intellectual  property rights violations 
across the whole of Ukraine.  The Coordination Council headed by the Chairman of the State 
Department of Intellectual Property has been created to verse the progress of the Program implementation.      
Assuring effective judicial protection of intellectua l property rights is a major issue. In accordance 
with the President of Ukraine's decree, work has been going on to institute in Ukraine a specialized 
Patents Court.  The Ukrainian Constitution and the Law of Ukraine "On the Judiciary of Ukraine" 
provide the legal framework for the existence of such a court.   
The first important step along this path, in our opinion, was the establishment in 2002 of a special 
board of justices of the Supreme Commercial Cour t of Ukraine charged with considering cases on 
protection of intellectual property rights, and of similar boards within commercial courts of the 
Autonomous Republic of Crimea, of oblasts, and of  the cities of Kiev and Sevastopol, as well as of 
commercial courts of appeal.  From the 1st of ar ch 2003 the specialized chambers for matters of 
intellectual property at the Supreme Commercial C ourt of Ukraine and the Commercial Courts of 
Appeal were created.   
Accounting for the political, economic, and social  significance of assuring the compliance with 
current legislation in the field of copyright and re lated rights as applied to software, the Cabinet of 
Ministers of Ukraine approved by its order of Ma y 2002 a Concept for Legitimizing Software and for 
Combating Illicit Use of Software. 
The Concept provides for: 
− Legalization of software; 
− Combatting illegal use of software; and 
− Developing the national software industry.  
Active measures are being taken at present to implement the provisions of the Concept. In compliance with the norms of the Customs Code of Ukraine and in execution of the Resolution of 
the Cabinet of Ministers of Ukraine "On Approva l of the Regulations on the Procedure for the 
Registration and Transition across the Customs Bord er of Ukraine of Goods Containing Intellectual 
Property Objects", an efficient m echanism was introduced in 2002 fo r monitoring the transition across 
the customs border of Ukraine of such goods as are covered by intellectual property rights.  Such 
check-ups are carried out in response to a right holder's submission, in conformance with TRIPS 
requirements. 
In accordance with the provisions of the Law of Ukraine "On Protection Against Unfair Competition", 
the administrative protection of intellectual pr operty rights is provided by the Antimonopoly 
Committee of Ukraine which possesse s an extensive network of regional representative offices.  WT/ACC/UKR/117/Add.1 
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 Today, any legal entity or physical person in Ukrain e which is a holder of intellectual property rights, 
is able to receive effective protection of those ri ghts, either through administrative or in judicial 
procedures, upon addressing an appeal to the appr opriate administrative bodies or to court.  
Such competent bodies are:   
− The State Department of Intellectual Property; 
− The Antimonopoly Committee of Ukraine; 
− The Ministry of Internal Affairs of Ukraine; 
− The State Customs Service of Ukraine; 
− The State Tax Administration of Ukraine; 
− The State Committee of Ukraine for Matters of Technical Regulation and Consumer 
Policies; and 
− Courts of general jurisdiction. 
As of today, a normative-legal framework has been established in Ukraine compliant with 
international standards in the field of intellectua l property, and implementation has been assured of 
mechanisms for the enforcement of  legal norms on protection of intellectual property rights, on a par 
with the economically advanced countries. 
A right holder is guaranteed full capability to exercise his/her right to administrative or judicial 
protection, by means of appealing to the appropriate state executive bodies or to court.    
Ukraine is making every effort to achieve furthe r improvement of releva nt legislation and of 
mechanisms for implementation thereof, and to  steadily introduce further measures aimed at 
intensifying the fight against violati ons of intellectual property rights. 
 
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