IP/C/W/117/Add.35  
 
10 October 2018  
(18-6259) Page: 1/13 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
REVIEW UNDER ARTICLE  24.2 OF THE APPLICA TION OF THE  
PROVISIONS OF THE SE CTION OF THE TRIPS A GREEMENT  
ON GEOGRAPHICAL INDI CATIONS  
RESPONSES TO THE CHE CKLIST OF QUESTIONS1 
UKRAINE  
The present document contains responses to the Checklist of Questions which the Secretariat has 
received from the delegation of Ukraine on 9 August 2018.  
 
_______________  
 
 
1  SECTION A: GENERAL  
1. Is protection for geographical indications provided through u nfair competition law, e.g., 
passing off, false designation of origin; through a formal procedure for 
notification/registration before protection is available; or through both? Does the 
recognition of a geographical indication require registration?  
 
The le gal protection for geographical indications is provided through the procedure for their 
registration, and remains in force without time limitation from the registration date. Registration is 
carried out in accordance with the special Law of Ukraine "On the  Protection of Rights to Indication 
of Origin of Goods " (hereinafter referred to as the Law)2. 
2. Is there one single regime of protection of geographical indications for all products? If 
not, identify the different regimes.  
  
There is one single regime of  legal protection of geographical indications for all products.  
3. Do(es) the regime(s) of protection of geographical indications also extend to services?  
 
The regime of legal protection of geographical indications does not extend to  services.  
4. What prov isions of law or regulations are directed to the recognition of geographical 
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement? Citations to laws 
should be provided and, if the texts of the laws have not been notified to the WTO, copies  
should be provided pursuant to Article 63.2.  
 
According to Article 23 (1) of the Law, the infringement of rights to use the indication of origin of 
goods is the use of an indication which is not true (false), or an  indication misleading consumers as 
to the real appellation of origin of goods. The  protection of rights to an indication of origin of goods 
is performed in the court and other procedures prescribed by the Law.  
                                                
1 Documents IP/C/13 and IP/C/13/Add.1.  
2 The term "Qualified Indication of Origin of Goods" is used in the Law instead of the term "Geographical 
Indication ". IP/C/W/117/Add.35  
 
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  An entity may  gain unlawful advantage in competition , in particular, by disseminatin g misleading 
information. According to Article 15 -1 of the Law of Ukraine "On Protection Against Unfair 
Competition ", the misleading information includes, in  particular, information containing untruthful, 
inaccurate or incomplete data  about the  origin of g oods, manufacturer, seller, manufacturing 
method, sources and  acquisition method, sales method, quantity, consumer properties, quality, 
completeness, suitability for use, standards, characteristics, goods (works and services) selling 
aspects, prices and di scounts for them, as well as the essential terms of  the contract.  
 
Committing the acts defined by the Law "On Protection Against Unfair Competition " as unfair 
competition shall entail liability,  in particular, the imposition of penalties, restitution , confiscation of 
unlawfully labeled goods and duplicated goods originating from a different business entity, and the 
refutation of untruthful, inaccurate or incomplete data (Articles 20 -26). 
 
The provisions of Article 23.1 of the TRIPS Agreement are provided fo r in Article 23 (3b) of the Law: 
the use of the registered indication of geographical origin of goods on goods not originating from the 
geographical place registered for that indication, even in the case of the real appellation of origin of 
goods or geogra phical indication of its origin being used in the translation, or being followed by the 
words kind, type, style, brand, imitation , etc. 
 
5. If the required recognition of geographical indications is not provided through statutes 
or regulations, please expl ain, in detail, the mechanism or mechanisms through which the 
protection required is provided.  
  
The recognition of geographical indications is provided through special laws in this sphere.  
 
6. Please provide a few examples of domestic geographical indicat ions protected in 
accordance with the means discussed above and indicate the means by which such 
protection is provided.  
 
The recognition of geographical indications is provided through special laws in this sphere.  
  
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the 
TRIPS Agreement provided for any other product? If so, please specify such products and 
the law under which they are protected.  
The level of protection required for wines and spirits under Article 23 .2 of the TRIPS Agreement is 
also provided in Ukraine for all other product categories. According to Article 6 (3)(5) of the Law of 
Ukraine "On the Protection of Rights to Marks for Goods and Services ", designations shall not be 
registered as marks if they  are identical or  misleadingly similar to qualified indications of the origin 
of goods (including spirits and alcohol drinks) that are protected according to the Law "On the 
Protection of Rights to  Indication of the Origin of Goods ". Such signs may be used  only as 
non-protected elements of the marks of the persons who have the right to use the said indications.  
7(a).  Does your economy's industrial property law and/or related law prevent the use of 
geographical indications identifying wines or spirits agains t products not originating in 
the place indicated by the geographical indication, even where the true origin of the goods 
is indicated or the geographical indication is used in translation or accompanied by 
expressions such as "kind", "type", "style ", "imitation " or the like?  
 
Yes, the mentioned provisions are provided by Article 23 (3b) of the Law: the infringement of the 
rights of the owner of a certificate for the registration of rights to use a registered qualified indication 
of origin of goods is the u se of a registered indication of a geographical origin of goods, if this goods 
does not originate from the geographical place registered for this indication, even if the real place 
of origin of the goods or the geographical indication of its origin is used  in translation or accompanied 
by the words kind, type, style, brand , imitation , etc. 
 
  IP/C/W/117/Add.35  
 
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  2  SECTION B: DEFINITION AND CRITE RIA FOR RECOGNITION  
8. How are geographical indications defined?  
 
Under the Law,  qualified indication of origin of goods  means the term incorporating such terms: 
appellation of origin of goods and geographical indication of origin of  goods.  
 
Appellation of origin of goods  means a geographical place name used for marking of  goods 
originating from the indicated geographical p lace and having particular properties that are 
exclusively or essentially due to the natural conditions specific for  that geographical place or to the 
combination of these natural conditions with human factor specific for this geographical place.  
 
Geograph ical indication of origin of goods  means any wording or figurative (graphic) indication 
directly or indirectly denoting the geographical place of the origin of goods which possesses certain 
qualities, reputation or other characteristics mainly due to natur al conditions or human factor or a 
combination of these natural conditions and  human factor.  
 
9. Would such a definition comprise geographical indications identifying products of a 
certain quality or reputation which are indirectly linked to a specific reg ion? 
 
A geographical indication of origin of goods has an indirect link with a geographical place since the 
goods designated by this name has certain qualities, reputation or other characteristics, partly due 
to natural conditions and/or human factors spec ific for that geographical place. The law requires that 
at least the main component of the goods designated by this name be produced and/or processed 
within the boundaries of the designated geographical place.  
 
10. In determining whether recognition should  be given a geographical indication, what 
criteria are considered?  
 
Under  Article 7 (3) of the Law, the legal protection is provided for the appellation of origin of goods, 
for which the following conditions are met:  
  
a.  it is the name of the geographical p lace from which goods originate;  
b.  it is used as a name of goods or as a component part of that name;  
c. in the geographical place specified by that name the specific natural conditions or 
the combination of the natural conditions and human factor providing pa rticular properties 
to the goods in comparison with similar goods from the other geographical places exist 
objectively;  
d.  the goods marked with that name have respective properties that are exclusively, 
or essentially, due to the natural conditions specific  for that geographical place or 
the combination of these conditions and human factor specific for that geographical place;  
e. the production and processing of goods marked with this name are performed within the 
designated geographical place.  
Irrespective of the conditions provided for by this Part, the name of a geographical place is 
considered the appellation of origin of goods in case when the raw materials for the manufacturing 
of the goods originate from a geographical place other than the geographical pl ace of manufacturing 
of goods, if the geographical place of manufacturing (extraction) of the raw materials is determined, 
special conditions for manufacturing of such raw material exist and are controlled.  
  
  IP/C/W/117/Add.35  
 
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  According to Article 7 (4) of the Law, the le gal protection is provided for geographical indication of 
origin of goods for which the following conditions are met:  
  
a.  it is a name of the geographical place from which these goods originate;  
b.  it is used as a name of the goods or as a component part of that name;  
c.  in the geographical place specified by that name there are the specific conditions and/or 
human factor providing the good with the certain properties or other characteristics;  
d.  the go ods marked with that name have certain properties, reputation or other 
characteristics that are mostly due to the natural conditions and/or human factor specific 
for that geographical place;  
e.  at least the main component of the goods marked with that name i s produced and/or 
processed within the boundaries of the designated geographical place.  
11. Is there any human creativity involved in the making of specific products under 
protection by the system of geographical indications? If so, how much? And do these 
products involve any human factors?  
 
Special properties of goods may be conditional, in particular, upon a human factor characteristic of 
a particular geographical location. Human factor means the presence of people (a team), able to 
manufacture goods in a  traditional way, their skills and experience.  
  
12. Are there any other intellectual property rights involved, such as patents for example?  
 
The existence of other intellectual property rights related to the goods is not a  condition for the 
provision of l egal protection for geographical indication.  
  
13. What authority, if any, may define the geographic region or area for which rights are 
claimed and on what basis is such definition made?  
 
On the basis of the Government of Ukraine Decree No. 149 -р of 23 April 2001, the State Service of 
Ukraine for Geodesy, Cartography and Cadaster is authorized to define the geographic region or 
area associated with special properties, certain qualities and other characteristics of goods.  
 
14. Does your legislation contain criteria for homonymous geographical indications for 
wines?  
 
The provisions on  the protection of homonymous geographical indications shall apply to all categories 
of goods . 
  
According to Article 7 (5) of the Law, the legal protection can be provided to id entical indications of 
origin of goods used for indication of similar goods differing by their properties under the condition 
of granting of the differences sufficient for the prevention of misleading of consumers as for real 
identification of goods.  
  
Under Article 7 (6) of the Law, the legal protection is provided to homonymic indications of origin of 
goods under the condition of prevention of consumers' being mislead as regards the real 
identification of goods, geographical place of origin of goods or it s boundaries.  
 
15. Does your national legislation provide for recognition and protection of geographical 
indications or appellations of origin of foreign countries?  
  
The Law provides for the legal protection of a geographical indication related to a geographical place 
in a foreign state, if the rights to this indication, or another designation corresponding in content to 
the notion of a qualified indication of origin of  goods, are protecte d in the relevant foreign state 
(Article 2 (8)).  
 IP/C/W/117/Add.35  
 
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  16. Is there any specific prohibition in the legislation/regulations/rules/procedures 
covering geographical indications not protected in the country of origin? If so, please 
specify the relevant statutory p rovision.  
 
The Law provides for the legal protection of a geographical indication related to a geographical place 
in a foreign state, if the rights to this indication, or another designation corresponding in content to 
the notion of a qualified indication of origin of  goods, are protected in the relevant foreign state 
(Article 2 (8)).  
 
16(a). Is there a clear distinction among the terms "geographical indications ", 
"appellations of origin " and "indications of source " in your economy's industrial property 
law and/or related law, or are there any substantive criteria to distinguish these terms?  
 
The Law defines such terms which correlate to such terms as indication of source , appellation of 
origin  and geographical indication : 
 
• a simple indication of origin of goods  means any wording or image (graphical) designation 
that directly or indirectly points to geographical place of origin of goods. This can be a 
name of a geographical place used for marking goods or as a part of such designation;  
• a qualified indication  of origin of goods  is a term covering (incorporating) such terms:  
– appellation of origin of goods;  
– geographical indication of origin of goods;  
• an appellation of origin of goods  means a geographical place name used for marking 
of goods originating fro m the indicated geographical place and having particular properties 
that are exclusively or essentially due to the natural conditions specific for  that 
geographical place or to the combination of these natural conditions with human factor 
specific for this  geographical place;  
• a geographical indication of origin of goods  means any wording or figurative (graphic) 
indication directly or indirectly denoting the geographical place of the origin of goods which 
possess certain qualities, reputation or other chara cteristics mainly due to natural 
conditions or human factor or a combination of these natural conditions and human factor.  
16(b). Does your legislation contain criteria for homonymous geographical indications for 
wines and spirits?  
 
In accordance with Arti cle 7 (6) of the Law, legal protection is provided to homonymic indications of 
origin of goods under the condition of prevention of consumers' being misled as to the real 
identification of goods, geographical place of origin of goods or  its boundaries.  
2.1  SECTION C: PROCEDURE FOR RECOGNITION  
17. With respect to any formal system for recognition of geographical indications, must 
the applicant be a governmental organization or can a private entity own the rights to a 
geographical indication?  
 
According to Articl e 9 of the Law, the right to register a qualified indication of  origin of goods is 
vested in:  
  
a. a person or a group of persons that in the claimed geographical place manufacture goods, 
the particular properties, certain qualities, reputation or other characteristics of  which are 
related to that geographical place;  
b.  consumers' associations;  
c.  institutions directly related to production or investigation of relevant products, articles, 
technological processes or geographical places.  IP/C/W/117/Add.35  
 
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  18. What are the compet ent authorities where the protection of a geographical indication 
can be obtained?  
  
The Ministry of Economic Development and Trade of Ukraine organizes the acceptance of 
applications, their examination, makes decisions on applications, registers indicatio ns of origin of 
goods and/or the right to use them and publishes information about them in the official bulletin 
"Industrial Property ". 
 
19. Do the procedures which lead to the recognition of a geographical indication take place 
ex officio  or must they be based on the initiative of an entity or person?  
 
The recognition and registration of geographical indication in Ukraine is carried out by the Ministry 
of Economic Development and Trade on the basis of an application filed by a person havin g the right 
to registration in accordance with Article 9 of the Law.  
 
20. What, if any, fees are involved in the application and maintenance of rights in a 
geographical indication?  
  
The state fee for filing an application for registration of a qualified i ndication of origin of goods and/or 
for the maintenance of rights amounts to UAH 1,200. Since the action of legal protection of a 
qualified indication of origin of goods is in force without time limitation from the date of registration, 
no fees for mainten ance of rights is provided for.  
 
21. If criteria must be set out in an application for recognition of a geographical indication, 
are those criteria purely geographic in nature?  
 
The application for registration of the qualified indication of origin of goo ds should contain the 
following information regarding the connection of the goods with the geographical place of origin:  
  
• the name and boundaries of the geographical place where the goods is manufactured and 
to which the particular properties, certain qua lities, reputation or other characteristics of 
goods are related;  
• the description of the particular properties, certain qualities, reputation or other 
characteristics of goods;  
• the data on interconnection of the particular properties, certain qualities, re putation or 
other characteristics of goods to the natural conditions and/or human factor of the 
specified geographical place.  
22. What other criteria, if any, must be set out in an application for recognition of a 
geographical indication?  
 
The application should also contain other information:  
  
• a request for registration of the appellation of origin of goods or the geographical indication 
of origin of goods and/or the right to use the registered relevant qualified indication of 
origin of goods with information about an applicant and his/her addre ss;  
• the claimed appellation of origin of goods or the claimed geographical indication of  origin 
of goods;  
• the name of the goods for which an applicant requests registration of the specified 
indication of origin of goods and/or the right to use registered relevant qualified indication 
of origin of goods;  
• the data on the use of the claimed qualified indication of origin of goods on the label and 
markings of goods.  IP/C/W/117/Add.35  
 
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  23. What information must be supplied in an application for rights in a geographical 
indication ? 
 
Along with the application the following documents are filed:  
  
• the document confirming the fact that the applicant manufactures goods for which 
he/she/it claims registration of the appellation of origin or the geographical indication of 
origin of goods  and/or the right to use the registered corresponding qualified indication 
of origin of goods;  
• the conclusion of a Specially Authorized Body on the fact that the particular properties, 
certain qualities or other characteristics of goods identified in the a pplication are 
objectively due to or related to the natural conditions and/or human factor of the named 
geographical place of production of goods;  
• the conclusion of a Specially Authorized Body on the boundaries of the geographical place 
to which particular  properties, certain qualities or other characteristics of goods are 
related.  
24. Must the goods or services with respect to which a geographical indication is claimed 
be set out?  
 
The application shall indicate the name of the goods for which an applicant  requests registration of 
the specified indication of origin of goods and/or the right to use the  registered corresponding 
qualified indication of origin of goods.  
  
25. What mechanisms are provided to oppose the recognition of a geographical 
indication? How is an investigation conducted after such a complaint?  
 
According to Article 11 (8) of the Law, if by the results of the examination it is determined that the 
application meets the requirements provided by Articles 7, 8 and 9 of this Law, the informatio n on 
the application is published in the official bulletin "Industrial Property ". 
  
Within six months from the date of publication of official data on the application, any person can 
submit an objection against the registration of the claimed appellation o f origin of goods or the 
claimed geographical indication of origin of goods and/or right to use the registered relevant qualified 
indication of origin of goods. A fee (amounts to UAH 1,000) is paid for the submission of an objection 
(Article 11(10) of the Law).  
  
The copy of the objection submitted and information on the person having filed that objection are 
sent to the applicant. Within two months from the date of having received the copy of the objection 
the applicant shall send a substantiated reply to  the objection. In the case when a response to 
objections from the applicant does not received, the objection is considered in the prescribed order 
on the basis of the available materials. An objection and response on it are examined within two 
months from  the day of the expiration of the term established for the response  (Article 11 (11 -12) 
of the Law).  
  
26. Who can oppose the recognition of a geographical indication?  
 
Any interested person can submit an objection against the registration of the claimed q ualified 
indication of origin of goods.  
  
  IP/C/W/117/Add.35  
 
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  27. If your national legislation provides for recognition and protection of geographical 
indications or appellations of origin of foreign countries, what is the procedure that has 
to be followed in order to obtain such recognition and consequent protection?  
 
Under Article 10 (6), along with the application, instead of the conclusions of the specially authorized 
bodies, foreigners submit documents confirming:  
  
• the legal protection of the claimed qualified ind ication of origin of goods in the relevant 
foreign state or the acquisition of rights to such indication on the basis of use, if so provided 
for by the legislation of this state;  
• the right of the foreign applicant or a person authorized by them to use the relevant 
qualified indication of origin of goods.  
The documents provided for by this paragraph can be filed in foreign language and their translation 
into Ukrainian shall be filed not later than three months from the filing date of the application.  
  
Foreign geographical indications may also be protected on the territory of Ukraine on  the basis of 
bilateral international treaties.  
  
3  SECTION D: MAINTENANCE  
28. How long does recognition for a geographical indication continue?  
 
The legal protection of qualified indications of origin of goods remains in force without limitation as 
to time from the registration date.  
  
29. If recognition of a geographical indication must be renewed or reaffirmed, what 
information must be provided in order to effect such a renewal or reaffirmation? Specify 
any fees involved in renewal or reaffirmation.  
 
The registration of qualified indications of origin of goods is non -renewable.  
  
30. Must a geographical indication be used in order to maintain rig hts? If so, how is such 
use determined?  
 
An application for the registration of a qualified indication of origin of goods and/or the right to use 
a registered qualified indication of origin of goods must contain the data on the use of the claimed 
qualified  indication of origin of goods on the label and when marking the goods. The Law does not 
contain other provisions on the necessity to use the indication.  
  
31. Is there a specified limit for non ‑use before rights in a geographical indication cease 
and, if  so, what is that limit?  
 
The Law does not provide a grace period for non -use of qualified indications of  origin of goods.  
  
32. Who monitors the use of geographical indications to determine if the criteria identified 
in the application continue to be met?  
 
The matter of monitoring particular properties, specific qualities and other characteristics of goods 
and compliance with the requirements of provision of legal protection to registered qualified 
indications of origin of goods lies within the scope of  authority of designated bodies appointed by 
the Government of Ukraine Decree No. 149 -р of 23 April  2001: the Ministry of Agrarian Policy and 
Food – on the agricultural products, the Ministry of Culture – on the folk artistic crafts, the Ministry 
of Health – on the foodstuffs, food raw and natural mineral waters.  
  
33. If a government entity is responsible for monitoring the use of geographical 
indications, what are its procedures for doing so?  
 
The matter of monitoring particular properties, specific qualities  and other characteristics of goods 
and compliance with the requirements of provision of legal protection to registered qualified 
indications of origin of goods lies within the scope of  authority of designated bodies appointed by IP/C/W/117/Add.35  
 
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  the Government of Ukraine Decree No. 149 -р of 23 April  2001: the Ministry of Agrarian Policy and 
Food – on the agricultural products, the Ministry of Culture – on the folk artistic crafts, the Ministry 
of Health – on the foodstuffs, food raw and natural mineral waters.  
  
34. Are t here means by which interested parties may request termination of a 
geographical indication based on non -use or failure to maintain the criteria identified in 
the application? Describe the procedure.  
 
According to Article 21 of the Law, the validity of the  registration of a  qualified indication of origin 
of goods can be terminated by court in the case of loss of specific conditions for a given geographical 
place and the capacity to  produce the goods described in the Register, as well as recognition of this 
indication as a generic name for  goods.  
  
The right to use a registered qualified indication of origin of goods can also be terminated by the 
court’s decision due to the fact that those goods have lost particular properties or other 
characteristics descri bed in the Register, from the date fixed by the court.  
  
Any person has the right to file a claim in court on the termination of the validity of a  registration or 
a certificate, on the clarification of the correspondence of a  qualified indication of origi n of goods to 
its geographical place, as well as on the recognition of  this indication as a generic name of goods.  
  
35. Do the procedures which lead to forfeiture of a geographical indication take place ex 
officio or must they be based on the initiative o f an entity or person?  
 
The procedure of the termination of the validity of a qualified indication of  origin of  goods is 
conducted at the initiative of concerned legal entities or natural persons. The  Law does not provide 
the termination of the registratio n validity by the Office’s initiative.  
  
4  SECTION E: SCOPE OF RIGHTS AND USE 
36. May anyone who meets the criteria submitted to obtain recognition of a geographical 
indication use that geographical indication after recognition is given or must additional 
criteria or procedures be followed by that party before use is permitted?  
 
In accordance to Article 9 of the Law, the right to use a registered name of a place of origin of goods 
or a registered geographical indication of origin of goods is vested, subject  to the registration of that 
right, in the manufacturers, which in the geographical place designated in the Register, produce 
goods whose particular properties, certain qualities or other characteristics correspond to those 
included in the Register. The ri ght to use is registered under the same procedure as the qualified 
indication of origin of goods. The registration of the right to use a qualified indication of origin of 
goods is authenticated by a certificate valid for ten years from the date of filing t he application.  
  
37. Who makes the determination regarding use of a geographical indication by particular 
parties, the entity responsible for the recognition or the entity that obtained the 
recognition?  
 
The Ministry of Economic Development and Trade of Ukraine registers the rights to use a qualified 
indication of origin of goods and issues the certificate.  
  
38. Are there fees involved in receiving authorization to use a particular geographical 
indication and, if so, what are those fees and how are they established?  
 
The state fee for filing an application for the registration of the rights to use a  qualified indication of 
origin amounts to UAH 1,200.  
  
39. If there is a dispute regarding use of a geographical indication by a particular party, 
what proced ures are followed to resolve it?  
 
In accordance to Article 25 of the Law, enforcement of the rights to use a qualified indication of 
origin is performed in court and by other procedures prescribed by the Law. Courts resolve disputes 
on determination of the  use of a qualified indication of  origin of goods, owner rights infringement.  
 IP/C/W/117/Add.35  
 
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  40. Must individual authorized users of a geographical indication use that geographical 
indication continually to retain their right to use it and, if so, how is their use dete rmined 
and how long will disuse be permitted?  
 
The Law does not lay down the requirements as to the obligatory continuous use of a registered 
geographical indication.  
  
41. If there is a dispute over continuity of use by a particular party, how is it reso lved?  
 
Any disputes connected with the use of a geographical indication are resolved in the court.  
  
42. Does the regime for protection of geographical indications allow geographical 
indications to be licensed and, if so, what conditions are imposed on suc h licenses? If such 
conditions are not met, what is the effect on the geographical indication?  
 
The regime for protection of geographical indications in Ukraine does not prescribe issuing licenses 
for their use.  
  
43. How is "grandfathered use " of a geographical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country?  
 
There have been no instances of "grandfathered use " under Article 24.4 of the TRIPS Agreement.  
  
5  SECTION F: RELATIONSHIP TO TRAD EMARKS  
44. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?  
 
The provisions of Article 16.1 of the TRIPS Agreement are contained in Article 16(5) of the Law of 
Ukraine "On the Protection of Rights to Marks for Goods and Services ", according to which a 
trademark certificate gives its owner an exclusive right to prohibit other persons to use without their 
permission:  
  
• a registered mark with respect to the goods and ser vices listed in the certificate;  
• a registered mark with respect to the goods and services akin to the ones listed in the 
certificate, if such a use may result in deception as to the person manufacturing the goods 
or providing the services;  
• a designation that is similar to the registered mark in respect to the goods and services 
listed in the certificate, if such use may result in confusion of this designation and this 
mark;  
• a designation that is similar to the registered mark in respect to the goods and s ervices 
akin to the ones listed in the certificate, if such use may result in deception as to  the 
person manufacturing the goods or providing the services, or in confusion of this 
designation and this mark.  
On the ground of the above provisions of the Law the owner of the earlier registered mark may file 
an opposition against the registration of the claimed qualified indication of origin of goods and/or 
the right to use.  
  
45. What steps are taken to ensure that, in recognizing a geographical indication, t he 
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and 
impaired?  
 
The Law accommodates the provisions of Articles 16.2 and 16.3 of the TRIPS Agreement. In 
accordance with Article 8(1) of the Law, legal protection is not provid ed to a qualified indication of 
origin of goods which is identical or similar to the degree of confusion with the mark for goods and 
services, the rights for which have been recognized in Ukraine, if, taking into consideration the 
reputation, distinctivene ss and duration of the use of this mark, such legal protection may mislead 
consumers as to the identity of the goods.  IP/C/W/117/Add.35  
 
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  46. What procedures are foreseen in case of a conflict of a geographical indication with a 
trademark?  
 
In case of a conflict between a trademark and a geographical indication, disputes are resolved in a 
judicial procedure.  
 
46(a). Does your economy's industrial property law and/or related law provide the refusal 
or invalidation of a trademark registration, which consists of or contains geographical 
indications identifying wines or spirits with respect to such wines or spirits not originating 
in the indicated territory?  
 
According to Article 6(2)(5) of the Law of Ukraine "On the Protection of Rights to Marks for Goods 
and Services ", legal protection shall not be granted to marks that are deceptive or able to mislead 
as to goods, services, or the person producing the goods or rendering services. A by -law document 
(Guidelines for drawing -up, filing and examinati on of an application for the issuance of a certificate 
of Ukraine for a mark for goods and services, paragraph 4.3.1.9) establishes that designations that 
are deceptive or able to mislead as to goods, services, or the person producing goods or rendering 
services include designations that evoke associations in the consumer’s mind connected with a 
certain quality, geographical origin of goods or services or with a certain manufacturer, which are 
not true.  
  
According to passage five of Article 6(3) of this La w, designations shall not be registered as marks 
if they are identical or confusingly similar to qualified indications of origin of goods (including alcohols 
and spirits) protected under the Law of Ukraine "On the Protection of Rights to Indication of Orig in 
of Goods ". Such designations may only serve as non -protectable elements of marks belonging to 
persons eligible to use the  mentioned indications.  
 
6  SECTION G: ENFORCEMENT  
47. How are rights in the geographical indication enforced? Are provisions availabl e under 
unfair competition law? Trademark law? Other laws? Provide citations to the laws and, if 
they have not been notified under Article 63.2 of the TRIPS Agreement, please provide 
copies.  
 
According to Article 25 of the Law, the enforcement of the right to use a qualified indication of origin 
is performed in court and by other procedures prescribed by the Law. Courts resolve disputes on the 
determination of the use of a qualified indication of  origin of goods, and infringement of owner rights.  
 
48. Who has the right to enforce a geographical indication?  
 
The control for a registered qualified indication of origin of goods may be exercised by designated 
authorities controlling the presence of particular properties and other charact eristics in the goods, 
and the owner of the corresponding certificate.  
 
49. What judicial or administrative bodies have jurisdiction over enforcement actions 
related to geographical indications? Are there fees involved and, if so, what are those 
fees?  
 
The authority for the enforcement actions related to geographical indications are vested in: national 
courts, National Police, Antimonopoly Committee, Customs Service and other bodies according to 
their competence.  
50. Must the public be notified of the exi stence of a geographical indication and, if so, how 
and how often?  
 
According to Article 14(6) of the Law, the data on registration of a qualified indication of origin of 
goods and/or the right to use a registered qualified indication of origin of goods is  published in the 
official bulletin of Ministry of Economic Development and Trade of Ukraine – "Industrial Property ".  IP/C/W/117/Add.35  
 
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  51. Is unauthorized use of a geographical indication subject to criminal action and, if so, 
describe the procedures. If the law has not been notified pursuant to Article 63.2 of the 
TRIPS Agreement, please provide a copy.  
 
The Criminal Code of Ukraine (Article 229) establishes liability for the unlawful use of a  mark for 
goods and services, brand name, qualified indication of origin of goo ds:  
  
1. An unlawful use of a mark for goods and services, brand name, qualified indication of 
origin of goods or another intentional infringement of rights to these objects, if this caused material 
loss on a significant scale, are punishable with fines f rom one thousand up to two thousand tax -free 
minimum incomes of individuals.  
  
2. The same actions, when recidivated or committed in collusion with a group of individuals, 
or if this caused material loss on a large scale, - are punishable with a fine from three thousand to 
ten thousand tax -free minimum incomes of individuals.  
  
3. The actions provided for by parts one and two of this Article, committed by a  public servant 
taking advantage of their job position, or committed by an organized group, or if they  caused 
material loss on an especially large scale, - are punishable with a fine from ten thousand to fifteen 
thousand tax -free minimum incomes of individuals with deprivation of the right to hold specified 
posts or prohibition to engage in specified activ ity for up to three years, or without such deprivation 
or prohibition.  
 
Note: Material loss is considered to be caused on a significant scale if its amount exceeds the tax -
free minimum income of individuals by a factor of twenty or more, on a  large scale – if its amount 
exceeds the tax -free minimum income of individuals by a  factor of two hundred or more, and on an 
especially large scale - if its amount exceeds the tax -free minimum income of individuals by a factor 
of one thousand or more.  
 
7  SECTION H: INTE RNATIONAL AGREEMENTS  
52. Is your government party to an international, including bilateral or plurilateral, 
agreement for the notification and/or registration of geographical indications? If so, 
please name the international agreement and explain the relationship between it and your 
national legislation.  
 
Article 4 of the Law establishes that, if an international agreement of Ukraine, a  consent to be bound 
by which is given by the Verkhovna Rada of Ukraine, lays down rules other than the ones provided 
for by this Law, the rules of such international agreement shall apply.  
  
On 1 September 2017, the Association Agreement between the European Union and the European 
Atomic Energy Community and their member states, of the one part, and Ukraine, of the othe r part, 
signed on 21 March 2014 and 27 June 2014, in Brussels and ratified by the Law of Ukraine 1678 -VII 
of 16 September 2014, (further – the Association Agreement), entered into full force and effect.  
 
According to the Association Agreement, Ukraine undertook to ensure the legal protection of 
geographical indications for the agricultural products and foodstuffs of the EU listed in Annex XXII -C 
to this Agreement and the geographical indications for EU wines, aromatized wines and spirit drinks 
listed in  Annex XXII -D to this Agreement.  
  
In compliance with the provisions of Article 202 (3) of the Association Agreement, as of 
1 January  2016, the information on the EU geographical indications listed in the annexes to the 
Association Agreement, have been inc luded in the Ukraine State Register containing the names of 
places of origin and geographical indications of origin of goods and the rights to use registered 
qualified indications of origin of goods (further – the State Register).  
  
Since 7 November 2007, the Agreement between Ukraine and Georgia on mutual legal protection of 
geographical indications for wines, spirit drinks and mineral waters signed on  1 March 2007, has 
been in force on the territory of Ukraine.  
  IP/C/W/117/Add.35  
 
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  According to this Agreement Ukraine ensur es legal protection of geographical indications of wines, 
spirit drinks and mineral waters originating from the territory of Georgia. Since 12 October 2015, as 
much as 22 geographical indications of Georgia have been included in the State Register.  
  
53. What other international agreements, if any, have been entered into? What do those 
agreements provide?  
 
Also, the multilateral intergovernmental Agreement on Measures for the Prevention and Repression 
of the Use of False Trademarks and Geographical Indicat ions, signed on 4 June 1999, and ratified 
by the Verkhovna Rada of Ukraine on  21 September 2000, is in force on the territory of Ukraine.  
  
 
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