Unoﬃcial transla Ɵon  1
THE LAW OF 
UKRAINE  
 
On Amendments to Certain Legislative Acts of Ukraine on Enhancing 
the Protection of Intellectual Property Rights 
 
The Verkhovna Rada of Ukraine hereby resolves: 
The following legislative acts of Ukraine shall be amended: 
1) in part two of Article 432 of the Civil Code of Ukraine (Journal of the Verkhovna Rada 
of Ukraine, 2003, No. 40-44, p. 356): 
para 3 and 4 shall be amended as follows: 
“3) withdrawal from civil circulation of goods manufactured or introduced into civil 
circulation in violation of intellectual property rights, and destruction of such goods at the 
expense of the person who committed the violation; 
4) seizure from civil circulation of materials and tools that were used mainly for the 
manufacture of goods in violation of intellectual property rights, or seizure and destruction of 
such materials and tools at the expense of the person who committed the violation;” 
para 41 shall be amended to read as follows: 
“41) application of one-time monetary payment instead of application of methods of 
protection of the intellectual property rights established by para 3 and/or 4 of this part. The 
application of a one-time monetary payment shall be carried out at the request of the 
respondent, provided that the intellectual property right has been violated by the respondent 
unintentionally and without negligence, and that the application of the remedies established 
by para 3 and 4 of this part is disproportionate to the damage caused to the claimant. The 
amount of a one-time monetary payment shall be determined by the court as the amount of 
remuneration that would have been paid for granting the claimant the permission to use the 
intellectual property right in respect of which the dispute arose, and which reasonably satisfies 
the claimant;” 
in para 5, the words “one-time monetary charge" and “charge” shall be replaced by the 
word “compensations”; 
para 6 shall read as follows: 
“6) the publication in the media, at the request of the claimant, or bringing to the public 
attention by another designated court of the information about the violation of intellectual 
property rights and the content of the court decision on such violation at the expense of the 
person who committed the offense; Unoﬃcial transla Ɵon  2
2) in the Commercial Procedural Code of Ukraine (Journal of the Verkhovna Rada of 
Ukraine, 2017, No. 48, p. 436): 
to amend Article 811 with the following content: 
“Article 811. Demand for separate evidence in cases of violation of intellectual property 
rights 
1. At the motivated request of a party to the case, the court may decide to demand evidence 
in the form of information about the origin and distribution networks of goods or services that 
violate intellectual property rights or in respect of which there are reasonable grounds to 
believe that the distribution of such goods or the provision of such services violates intellectual 
property rights: 
1) from a person in respect of whom there are reasonable grounds to believe that such 
person is violating an intellectual property right; and/or 
2) from any other person with respect to whom there are reasonable grounds to believe 
that such person has offered, received, owned and/or used goods or services violating 
intellectual property rights for a commercial purpose; or 
3) from any other person who has been designated by the person named in para 2 of this 
part as being involved in the production, manufacture or distribution of goods or services that 
violate intellectual property rights. 
2. A demand for evidence submitted on the basis of part 1 of this Article shall relate 
exclusively to information that is necessary to establish the origin and distribution network of 
goods or services that violate intellectual property rights or in respect of which there are 
sufficient grounds to believe that the distribution of such goods or provision of such services 
violates intellectual property rights. 
The information shall contain: 
1) full name (for legal entities) or first name (surname, first name, patronymic – for 
individuals) and address of persons in respect of whom there are sufficient grounds to believe 
that they are producers, distributors, or other previous owners of such goods or providers of 
such services, including persons engaged in wholesale or retail trade in such goods or 
providing such services; 
2) information on the quantity and value of goods or services produced, shipped, 
delivered, received, or ordered. 
3. The court may also demand evidence before filing a claim as a measure to secure 
evidence in the manner prescribed by Articles 110-112 of this Code, taking into account the 
peculiarities specified in parts one and two of this Article;” 
part four of Article 143, after the words “claim for recovery of a sum of money,” add the 
words “or a pecuniary claim for violation of intellectual property rights;” 
3) in the Civil Procedural Code of Ukraine (Journal of the Verkhovna Rada of Ukraine, 
2017, No. 48, p. 436): Unoﬃcial transla Ɵon  3
add Article 841 with the following content: 
“Article 841. Demand for separate evidence in cases of violation of intellectual property 
rights 
1. Upon the motivated request of the party to the case, the court may order the demand of 
evidence in the form of information about the origin and distribution networks of goods or 
services that violate intellectual property rights or in respect of which there are sufficient 
grounds to believe that the distribution of such goods or provision of such services violates 
intellectual property rights: 
1) from a person in respect of whom there are reasonable grounds to believe that such 
person is violating an intellectual property right; and/or 
2) from any other person with respect to whom there are reasonable grounds to believe 
that such person has offered, received, owned and/or used goods or services violating 
intellectual property rights for a commercial purpose; or 
from any other person who has been designated by the person stipulated in para 2 of 
this part as being involved in the production, manufacture or distribution of goods or 
services that violate intellectual property rights. 
2. A motion for evidence submitted on the basis of part 1 of this Article shall relate 
exclusively to information that is necessary to establish the origin and distribution 
network of goods or services that violate intellectual property rights or in respect of which 
there are sufficient grounds to believe that the distribution of such goods or provision of 
such services violates intellectual property rights. 
The information shall contain: 
1) full name (for legal entities) or first name (surname, first name, patronymic – for 
individuals) and address of persons in respect of whom there are sufficient grounds to 
believe that they are producers, distributors, or other previous owners of such goods or 
providers of such services, including persons engaged in wholesale or retail trade in such 
goods or providing such services; 
2) information on the quantity and value of goods or services produced, shipped, 
delivered, received, or ordered. 
3. The court may also demand evidence before filing a claim as a measure to secure 
evidence in the manner prescribed by Articles 116-118 of this Code, taking into account 
the peculiarities specified in parts one and two of this Article;" 
part four of Article 156, following the words “a claim for the recovery of a sum of 
money,” add the words “or pecuniary claim regarding the violation of intellectual property 
rights”; 
4) in the Law of Ukraine “On Protection of Rights to Industrial Designs” (Journal 
of the Verkhovna Rada of Ukraine, 1994, No. 7, p.34; 2003, No. 35, p.271; 2020, No. 45, 
p.387, No. 51, p. 481 Unoﬃcial transla Ɵon  4
in Article 21: 
in paragraph 7: 
in the second paragraph, the words “fluent in the national language” shall be replaced 
by the words “fluent in the national language in accordance with the level determined by 
the National Commission for National Language Standards”; 
in the fifth paragraph, the word “two” shall be replaced by the word “five”; 
paragraph two of clause 8 shall be worded as follows: 
“one representative of the National Academy of Legal Sciences of Ukraine”; 
in paragraph 5 of Article 25, the words “losses to the person who incurred losses” 
shall be replaced by the words “damages to the person who incurred damages”; 
in paragraph 2 of Article 26: 
paragraph one to be worded as follows: 
“2. At the request of the holder of a registered or unregistered industrial design, such 
violation shall be terminated, and the infringer shall be obliged to compensate the holder 
of the registered or unregistered industrial design for the property damage caused by 
reimbursement of damages or compensation and/or non-pecuniary (moral) damage 
caused”; 
after the first paragraph, add three new paragraphs with the following content: 
“The amount of damages shall be determined by the court taking into account the lost 
profit or income received by the infringer as a result of violation of the rights of the holder of 
the registered or unregistered industrial design. 
The amount of compensation shall be determined by the court on the basis of the scope of 
violation, the fault of the offender and other circumstances of significant importance. In this 
case, the amount of compensation may not be less than the amount of remuneration that would 
have been paid for granting permission to use the rights to a registered or unregistered 
industrial design in respect of which a dispute arose. If the infringement of the rights to a 
registered or unregistered industrial design occurred unintentionally and without negligence, 
the amount of compensation shall be equal to the amount of remuneration that would have 
been paid for granting such permission. 
The recovery of compensation shall be applied by the court instead of reimbursement of 
damages at the discretion of the holder of the registered industrial design.” 
In this regard, paragraph two shall be considered paragraph five; 
5) in the Law of Ukraine “On Protection of Rights to Marks for Goods and Services” 
(Journal of the Verkhovna Rada of Ukraine, 1994, No. 7, p. 36; 2001, No. 8, p. 37; 2003, No. 
35, p. 271; 2020, No. 45, p. 387, No. 51, p. 481) in Article 21: 
in paragraph 7: Unoﬃcial transla Ɵon  5
in the second paragraph, the words “fluent in the national language” shall be replaced by 
the words “fluent in the national language in accordance with the level determined by the 
National Commission for National Language Standards”; 
in the fifth paragraph, the word “two” shall be replaced by the word “five”; 
Paragraph six of clause 8 should be worded as follows: 
“one representative of the National Academy of Legal Sciences of Ukraine”; 
the second sentence of the paragraph seven, clause 1 of Article 6 shall be worded as 
follows: “The competent authority for granting permission for the use in the trademark of the 
official name and the international letter code of the State of Ukraine and/or for the inclusion 
in the image of the trademark of the imitation of the small State Emblem of Ukraine shall be 
a collegial body established by the NIPA”; 
in paragraph 5 of Article 19, the words “losses to the person who incurred lossess” shall 
be replaced by the words “damages to the person who incurred damages”; 
in paragraph 2 of Article 20: 
paragraph one shall be worded as follows: 
“2. At the request of the holder of the certificate, such violation shall be terminated, and 
the violator shall be obliged to compensate the certificate holder for the property damage 
caused by reimbursement for damages or payment of compensation and/or non-pecuniary 
(moral) damage caused”; 
after the first paragraph, add three new paragraphs of the following content: 
“The amount of damages shall be determined by the court taking into account the lost 
profit or income received by the infringer as a result of violation of the rights of the certificate 
holder. 
The amount of compensation shall be determined by the court on the basis of the amount 
of the violation, the fault of the infringer and other circumstances of significant importance. 
In this case, the amount of compensation may not be less than the amount of remuneration that 
would have been paid for granting permission to use the rights to the trademark in respect of 
which the dispute arose. If the violation of the rights of the certificate holder occurred 
unintentionally and without negligence, the amount of compensation shall be equal to the 
amount of remuneration that would have been paid for granting such permission. 
The recovery of compensation shall be applied by the court instead of reimbursement of 
damages at the discretion of the certificate holder.” 
In this regard, paragraphs two and three shall be considered as paragraphs five and six, 
respectively; 
6) in the Law of Ukraine “On  Protection of Rights to Layout Designs of 
Semiconductor Products” (Journal of the Verkhovna Rada of Ukraine, 1998, No. 8, p. 28, as 
subsequently amended): Unoﬃcial transla Ɵon  6
in Article 22: 
in paragraph 7: 
in the second paragraph, the words “fluent in the national language” shall be replaced by 
the words “fluent in the national language in accordance with the level determined by the 
National Commission for National Language Standards”; 
in the fifth paragraph, the word “two” shall be replaced by the word “five”; 
Paragraph six of clause 8 shall be worded as follows: 
“one representative of the National Academy of Legal Sciences of Ukraine”; 
in paragraph 2 of Article 21:  
paragraph one shall be worded as follows: 
“2. At the request of the rights holder to the registered layout, such violation shall be 
terminated, and the violator shall be obliged to compensate the rights holder for the property 
damage caused by reimbursement for damages or compensation and/or non-pecuniary (moral) 
damage caused”; 
after the first paragraph, add three new paragraphs with the following content: 
“The amount of compensation for losses shall be determined by the court taking into 
account the lost profit or income received by the infringer as a result of violation of the rights 
of the holder of the registered layout. 
The amount of compensation shall be determined by the court on the basis of the amount 
of the violation, the fault of the infringer and other circumstances of significant importance. 
In this case, the amount of compensation may not be less than the amount of remuneration that 
would have been paid for granting permission to use the rights to the certificate in respect of 
which the dispute arose. If the violation of the rights to the registered layout occurred 
unintentionally and without negligence, the amount of compensation shall be equal to the 
amount of remuneration that would have been paid for granting such permission. 
The recovery of compensation shall be applied by the court instead of reimbursing losses 
at the discretion of the rights holder to the registered layout.” 
In this regard, paragraph two shall be considered paragraph five; 
7) in Article 31 of the Law of Ukraine “On Legal Protection of Geographical 
Indications” (Journal of the Verkhovna Rada of Ukraine, 1999, No. 32, p. 267, as subsequently 
amended): 
in part seven: 
in the second paragraph, the words “fluent in the national language” shall be replaced by 
the words “fluent in the national language in accordance with the level determined by the 
National Commission for National Language Standards”; Unoﬃcial transla Ɵon  7
in the fifth paragraph, the word “two” shall be replaced by the word “five”; 
paragraph six of clause eight shall read as follows: 
“one representative of the National Academy of Legal Sciences of Ukraine”; 
8) in the Law of Ukraine “On Protection of Rights to Inventions and Utility Models” 
(Journal of the Verkhovna Rada of Ukraine, 2000, No. 37, p. 307; 2003, No. 35, p. 271; 2020, 
No. 45, p. 387 
in Article 31: 
in part seven: 
in the second paragraph, the words “fluent in the national language” shall be replaced by 
the words “fluent in the national language in accordance with the level determined by the 
National Commission for National Language Standards”; 
in the fifth paragraph, the word “two” shall be replaced by the word “five”; 
paragraph six of clause eight shall read as follows: 
“one representative of the National Academy of Legal Sciences of Ukraine”; 
in part two of Article 34: 
paragraph one shall read as follows: 
“2. At the request of the patent owner, such violation shall be terminated, and the infringer 
shall be obliged to compensate the patent owner for the property damage caused by 
compensation for losses or payment of compensation and/or non-property (moral) damage 
caused”; 
after the first paragraph, add three new paragraphs of the following content: 
“The amount of damages shall be determined by the court taking into account the lost 
profit or income received by the infringer as a result of violation of the rights of the patent 
owner. 
The amount of compensation shall be determined by the court on the basis of the amount 
of the violation, the fault of the infringer and other circumstances of significant importance. 
In this case, the amount of compensation may not be less than the amount of remuneration that 
would have been paid for granting permission to use the rights to the patent in respect of which 
the dispute arose. If the infringement of the rights of the patent owner occurred unintentionally 
and without negligence, the amount of compensation shall be equal to the amount of 
remuneration that would have been paid for granting such permission. 
The recovery of compensation shall be applied by the court instead of reimbursement of 
damages at the discretion of the patent owner.” 
In this regard, paragraph two shall be considered paragraph five; 
9) in subparagraph 4 of paragraph 34 of section VI “Final and transitional Unoﬃcial transla Ɵon  8
provisions” of the Law of Ukraine “On the effective management of property rights of rights 
holders in the field of copyright and (or) related rights” (Journal of the Verkhovna Rada of 
Ukraine, 2018, No. 32, p. 242, with subsequent amendments) the words and the number “to 
this subparagraph 3” shall be replaced by the words “to this subparagraph,” and the words and 
the number “defined by this subparagraph 3” – with the words “defined by this subparagraph”; 
10) in the Law of Ukraine “On Copyright and Related Rights” dated December 1, 
2022 No. 
2811-IX: 
in part one of Article 1: 
in paragraph 19, after the words “public performance,” add the words “(except for the 
presentation of works and/or live performances)”, and the words “cable retransmission” shall 
be replaced by the words “retransmission, cable retransmission” 
in paragraph 50, after the words “the first alienation” add the words “of original copies or 
others”; 
in the fifth paragraph of part eight of article 4, the word “two” shall be replaced by the 
word “five”; 
in part two of Article 15, the words “in favor of the customer” shall be replaced by the 
words “to the customer from the moment the work is created in full”; 
in part seven of Article 21: 
in the first paragraph, the words and numbers “expire after 15 years on the last day of the 
calendar year in which the database was created” shall be replaced by words and numbers 
“shall expire after 15 years counted from January 1 of the year following the year of the 
database creation”; 
in the second paragraph, the words “on the last day of the calendar year in which the 
database was first published” shall be replaced by the words and the number “counted from 
January 1 of the year following the year of such publication of the database”; 
in Article 22: 
clause 10 of part two shall be amended as follows: 
“10) creation of images of works of architecture and fine arts permanently located in 
places accessible to the public, and further use of such objects, provided that such actions have 
no independent economic significance”; 
in part five, the word and number “paragraph 4” shall be replaced by the word and number 
“paragraph 3”; 
in Article 33: 
in the second part, the words “shall be persons” should be replaced by the words “may be 
persons”, and the word “other” shall be excluded; Unoﬃcial transla Ɵon  9
part six shall read as follows: 
“6. The period of validity of the sui generis right to a non-original object generated by a 
computer program shall expire after 25 years, calculated from January 1 of the year following 
the year in which the non-original object was generated. 
in part ten, the word and numbers “articles 22-29” shall be replaced by the word and 
numbers “articles 22-28”; 
in Article 36: 
in part six: 
in the first sentence, the words “performance related to professional duties arise” shall be 
replaced by the words “performance related to professional duties, phonogram related to 
professional duties, videogram related to professional duties arise”; 
in the second sentence, replace the words “use of performance related to professional 
duties” with the words “use of performance related to professional duties, phonogram related 
to professional duties, videogram related to professional duties”; 
in part seven, the words “upon order, arise” shall be replaced by the words “upon order, 
as well as property rights to a phonogram or videogram produced upon order, arise”; 
in part eight: 
paragraph two shall read as follows: 
“Persons through joint activities of whom it was performed, persons who have jointly 
produced a phonogram or a videogram, shall exercise their rights to the corresponding 
performance, phonogram, videogram, under the conditions and in the manner provided for in 
Article 13 of this Law”; 
in paragraph three, the word “performance”  shall be replaced by the words “performance, 
phonogram, videogram”; 
in Article 38: 
in paragraph one of the part one, after the word “prohibit,” add the word “the usage”; 
sentence two of paragraph three, of clause two shall be deleted; 
part three shall read as follows: 
“3. Regardless of the alienation of the property rights to performance specified in part one 
of this article, the performer shall have the right to a fair remuneration for the appropriate 
methods of using the performance, determined by this Law and the Law of Ukraine “On 
Effective Management of Property Rights of Copyright Holders and (or) Related Rights.” 
Without the permission of the subject of property related rights to perform, but with the 
payment of a fair remuneration to performers, the following use of phonograms, videograms 
containing the corresponding performance may be possible: Unoﬃcial transla Ɵon  10
1) public performance of the phonogram; 
2) public notification of the phonogram; 
3) public demonstration of the videogram; 
4) public notification of the videogram. 
The right to a fair remuneration shall belong only to the performer, it shall only pass to 
the heirs of the performer and cannot be transferred (alienated) to other persons. 
The fair remuneration of the performer shall be 50 % of the income from the rights relating 
to the use of the corresponding phonogram or videogram and shall be determined in 
accordance with the Law of Ukraine “On the effective management of property rights of the 
holders of copyright and (or) related rights.” The remaining 50 % of the said income from 
rights shall belong to the phonogram producer or to the producer of the videogram containing 
the corresponding performance.” 
in Article 39: 
the second sentence of the paragraph of the third part of the second shall be deleted; 
part three shall be amended as follows: 
“3. Regardless of the alienation of the property rights to the phonogram specified in part 
one of this article, the phonogram producer shall be entitled to a fair remuneration for the 
appropriate methods of using the phonogram, determined by this Law and the Law of Ukraine 
“On Effective Management of Property Rights of Copyright Holders in the Sphere of 
Copyright and (or) Related Rights.”  
Without the permission of the subject of property related rights to the phonogram, but 
with the payment of a fair remuneration to the phonogram producer, the following use of 
phonograms shall be possible: 
1) public performance of the phonogram; 
2) public notification of the phonogram. 
The right to this fair remuneration belongs to the phonogram producer, and it shall only 
pass to the heirs or successors of the phonogram producer, and cannot be transferred 
(alienated) to other persons. 
The share of the fair remuneration of the phonogram producer shall be determined in 
accordance with the fourth paragraph of the third article 38 of this Law. "; 
in Article 40: 
paragraph four of part two shall be deleted; part three shall be amended to read as follows: 
“3. Regardless of the alienation of the property rights to the videogram specified in part 
one of this article, the producer of the videogram shall have the right to a fair remuneration 
for the appropriate methods of using the videogram determined by this Law and the Law of Unoﬃcial transla Ɵon  11
Ukraine “On Effective Management of Property Rights of Copyright Holders in the Sphere of 
Copyright and (or) Related Rights.” 
Without the permission of the subject of property related rights to the videogram, but with 
the payment of a fair remuneration to the videogram producer, the following use of the 
videogram shall be possible: 
1) public demonstration of the videogram; 
2) public notification of the videogram. 
The right to this fair remuneration shall belong to the videogram producer, it shall only 
pass to the heirs or successors of the videogram producer, and cannot be transferred (alienated) 
to other persons. 
The share of the fair remuneration of the videogram producer shall be determined in 
accordance with the paragraph four of the clause three of Article 38 of this Law”; 
in part one of Article 47, the words “independently, through a representative” shall be 
replaced by the words “personally, through a representative or other authorized person”; 
in paragraph two of part one of Article 50, the words “in particular the collective 
management organization” shall be deleted; 
in the paragraph five of part three of Article 53, the words “the produced copy” shall be 
replaced by the words “the produced copies,” and the words “protection – copies” – by the 
word “protection”; 
in paragraph two of Article 57, the word and numbers “Article 55” shall be replaced by 
the word and numbers “Article 56”. 
This Law shall enter into force on the day following the day of its publication. 
 
 
President of Ukraine 
 
2974-IX  
VOLODYMYR ZELENSKYY