WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/O/1 
11 August 2008 
 (08-3799) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
UKRAINE 
  The present document reproduces the text
1 of the Law on Protection Against Unfair 
Competition, adopted on 7 June 1996, as last ame nded on 15 May 2003, as notified by Ukraine under 
Article 63.2 of the Agreement (see document IP/N/1/UKR/1).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
UKRAINE 
 
 Le présent document contient le texte1 de la Loi sur la protection contre la concurrence 
déloyale adoptée le 7 juin 1996, telle que modi fiée en dernier lieu le 15 mai 2003, notifiée par 
l'Ukraine au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/UKR/1). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
UCRANIA 
  En el presente documento se reproduce el texto
1 de la Ley sobre la protección contra la 
competencia desleal, adoptada el 7 de junio de 1996, modificada por última vez el 15 de mayo 
de 2003, que Ucrania ha notificado en virtud de l párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/UKR/1). 
                                                      
 1 In English only. The text in the original language will be available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement.   Les délégations intéressées pourront consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/UKR/O/1 
Page 2  
 
 
LAW OF UKRAINE ON PROTECTION AGAINST UNFAIR COMPETITION 
 
As amended and supplemented accord ing to the Laws of Ukraine  
No. 642/97-VR of 18 November 1997,  
No. 783-XIV of 30 June 1999, No. 2783-III of 15 November 2001, No. 762-IV of 15 May 2003  (Enacted under SC's Resolution #237/96-VR, of 06.07.96) (Changed and amended according to Law of Ukraine No. 642/97 of November 18, 1997; No. 783-XIV of June 30, 1999) 
 
This Law determines the legal principles of protection of business entities (entrepreneurs) and 
consumers against unfair competition. 
 This Law is aimed at establishing, developing, and ensuring trade and other fair traditions in 
competition when pursuing one's line of business in market economy conditions.  
CHAPTER I. GENERAL PROVISIONS  
Article 1. Unfair Competition 
 
Unfair competition shall be understood as any actions  performed in the course of competition running 
counter to the rules, trade, and other fair customs in business activities. 
 
In particular, actions stipulated by Chapters 2-4 hereunder shall be qualified as unfair competition. 
 Terminology used in the context of this  Law is defined by the Law of Ukraine On Monopoly 
Restrictions and Prevention of Unfair Competition in Business Activities  (2131-12). 
 Article 2. Application  
 
This Law shall apply to relations involving business entities (entrepreneurs), their associations, organs 
of state authority, [private] citizens, legal entities and their associations that are not business entities 
(entrepreneurs) in conjunction with unfair comp etition, including actions made by them outside 
Ukraine, provided these actions have negativ e effect on competition in its territory. 
 This Law shall not apply to relati ons involving said entities if their actions have consequences outside 
Ukraine, unless otherwise provided for by an inte rnational treaty to which Ukraine is a party. 
 
Article 3. Ukraine's Legislation on Protection against Unfair Competition 
 
Relations in conjunction with protection against unfai r competition shall be governed by this Law, as 
well as by the Laws of Ukraine On Monopoly Restrictions and Prevention of Unfair Competition in 
Business Activities ; On the Antimonopoly Committee of Ukraine  (3659-12); On Foreign Economic 
Activities  (99-12), and by other legislative acts issued as per Laws or Resolutions of the Supreme 
Council of Ukraine. 
  IP/N/1/UKR/O/1 
 Page 3 
 
 
CHAPTER II. UNLAWFUL USE OF A BUSINESS ENTITY'S 
(ENTREPRENEUR'S) BUSINESS REPUTATION 
 
Article 4. Unlawful Use of Others' Trademarks, Advertising Material, and Packing 
 Unauthorized use, without the permission of a person  authorized for this purpose, of somebody else's 
name, trade name or brand name, marks or signs for goods and services, other indications, as well as 
advertising materials, packing of goods, titles of litera ry works, works of art, periodicals, indications 
of origin of goods that can be confusing in rega rd to other business entity (entrepreneur) that has the 
priority right to use them shall be qualified as unlawful. 
 
(Part one of Article 4 as amended according to the Law of Ukraine No. 2783-III of 15.11.2001) 
Use of a natural person's name in a company name shall not be qualified as unl awful if this person's 
name is somehow made distinct, so as to rule out confusing it with the activities of that other business 
entity (entrepreneur). 
 
Article 5. Unlawful Use of Goods Made by Other Manufacturers 
 
Unlawful use of goods made by other manufacturer s shall be understood as launching into circulation 
under one's name [trademark] goods belonging to a different manufacturer by changing or lifting that manufacturer's name [trademark] without permission from an authorized person.. 
 
Article 6. Copying Goods' Outward Appearance 
 
Copying [duplicating] goods' outward appearance shall be understood as making outwardly exact 
replicas of goods belonging to other business entiti es (entrepreneurs) and launching them into 
circulation without explicitly indicating the manufactur er of copies, which can be confusing in regard 
to the activities of those other business entities (entrepreneurs). 
 Copying goods' — or their parts' — outward app earance shall not be qualified as unlawful if this 
copying [duplicating] is warranted by their purely functional use.  
This Article shall not apply to goods being protected as objects of intellectual property. 
 
Article 7. Comparative Advertising 
 
Comparative advertising shall be understood as adver tising comparing goods, works, and services or 
activities of different business entities (entrepreneurs). 
 Comparative advertising shall not be considered unlaw ful if information contained therein, pertaining 
to goods, works or services, is corroborated by f actual data, being authentic, unbiased, and useful for 
consumers.  
CHAPTER III. OBSTRUCTING OTHER ENTITIES' (ENTREPRENEURS') 
BUSINESS IN THE COURSE OF COMPETITION AND GAINING 
UNLAWFUL ADVANTAGE IN COMPETITION 
 
Article 8. Discrediting Business Entities (Entrepreneurs) 
 
Discrediting a business entity (entrepreneur) shall be  understood as spreading any form of untruthful, 
inaccurate or incomplete information about this en tity or entrepreneur or their (his) activities which 
has harmed or can damage their (his) business reputation.  IP/N/1/UKR/O/1 
Page 4  
 
Article 9. Sales and Purchase of Goods, Fulfilling Works, and Rendering Services with 
Compulsory Assortment 
 
Sales and purchase of goods, fulfilling works, and rendering services with compulsory assortment 
shall be understood as sales and purchase of cert ain goods, fulfilling works, and rendering services on 
condition of sales and purchase of ot her goods, fulfilling wo rks, and rendering services that are not 
needed by the consumer or counterpart.  
Article 10. Instigation of Boycott vs. Business Entity (Entrepreneur) 
 Instigation of boycotts against business entities (e ntrepreneurs) shall be understood as the rival's 
actions aimed at instigating a third party — directly  or via a go-between — to refuse to make contract 
with the given business entity (entrepreneur).  
Article 11. Instigating Suppliers to Discriminate against Buyers (Customers) 
 
Instigating suppliers to discriminate against buye rs (customers) shall be understood as the buyer's 
(customer's) rival's actions aimed at instigating — directly or via a go-between — the supplier to give 
the buyer's (customer's) rival certain unjus tifiable advantages over the buyer (customer). 
 
Article 12. Instigating a Business Entity (Entrepreneur) to Abrogate Contract with the Rival  
 
Instigating a business entity (entrepreneur) to ab rogate contract with another business entity's 
(entrepreneur's) rival shall be understood as such in stigation motivated by me rcenary considerations 
or made in the interests of a third party, to ma ke the given business entity (entrepreneur) being a party 
to a contract to abrogate or mishandle this contract by giving this party to the contract — directly or 
via a go-between — a material reward or other advantages. 
 
Article 13. Bribing the Supplier's Employee 
 
Bribing the supplier's employee shall be understood as the buyer's (customer's) rival giving or offering 
this employee — directly or via a go-between — mate rial values, property or non-property benefits in 
return for that employee's fulfillment or non-fulfillm ent of his duty ensuing from or in conjunction 
with the contract between the supplier and the buyer, concerning delivery of goods, carrying out 
works or rendering services, which has caused or ma y cause this rival to receive certain advantages 
over the buyer (customer).  
Any other person being under authority to make d ecisions in the supplier's behalf on delivery of 
goods, carrying out works or rendering services, and t hus influence the supplier, or being otherwise 
involved with the supplier shall be placed on the same footing as that supplier's employee.  
Article 14. Bribing the Buyer's (Customer's) Employee 
 Bribing the buyer's (customer's) employee shall be  understood as that buyer's (customer's) rival's 
offering this employee — directly or via a go-be tween —material values, property or non-property 
benefits in return for improper fulfillment or  non-fulfillment of his duties ensuing from or in 
conjunction with the contract between the supplie r and the buyer, concerning delivery of goods, 
carrying out works or rendering services, which has cau sed or may cause this rival to receive certain 
advantages over the supplier. 
 Any other person being under authority to make de cisions in the buyer's behalf on purchase of goods, 
works or services, and thus influence the buyer, or  being otherwise involved with the buyer shall be 
placed on the same footing as that buyer's employee. 
  IP/N/1/UKR/O/1 
 Page 5 
 
 
Article 15. Gaining Unlawful Advantage in Competition 
 
Gaining unlawful advantage in competition shall be understood as gaining such advantage over 
another business entity (entrepreneur) by breaching any of  the laws currently in effect and reaffirmed 
by decisions made by a competent authority. 
 
CHAPTER IV. UNLAWFUL COLLECTION, DISCLOSURE, 
AND USE OF COMMERCIAL SECRETS 
 
Article 16.  Unlawful Collection of Commercial Secrets 
 
Unlawful collection of commercial secrets shall be  understood as illegally ob taining data which is 
qualified by Ukraine’s legislation as confidential co mmercial information, if by doing so a business 
entity (entrepreneur) has been or can be damaged.  Article 17. Disclosure of Commercial Secrets 
 
Disclosure of commercial secrets shall be understood as disclosure of information qualified under Ukraine’s legislation as confidential by the party en trusted with this information to a third party 
without the knowledge and consent of the authorized party, provided this information was entrusted to 
that party in due course or was made known in that party’s line of duty, and provided this disclosure 
has damaged or can damage the gi ven business entity (entrepreneur). 
 
Article 18. Instigating to Disclose Commercial Secrets 
 
Instigating to disclose commercial secrets shall be  understood as instigating a person duly entrusted 
with information qualified as commercial secrets under Ukra ine’s legislation or made privy to it in the 
line of duty to disclose this information, provide d this disclosure has damaged or can damage the 
given business entity (entrepreneur).  
Article 19. Unlawful Use of Commercial Secrets 
 Unlawful use of commercial secrets shall be unders tood as information used in production or taken 
into account when planning and doing business, whic h information was illicitly obtained, without the 
knowledge and consent of the authorized person, and which is qualified as a commercial secret under 
the laws of Ukraine.  
CHAPTER V. RESPONSIBILITY FOR UNFAIR COMPETITION 
 
Article 20. Types of Responsibility 
 
Committing acts of unfair competition as envisaged hereunder shall entail penalties levied by the 
Antimonopoly Committee of Ukraine, as well as civ il liability and criminal prosecution as provided 
by law.. 
 
Article 21. Penalties Levied on Business Enti ties, Legal Entities, and their Associations 
 
Acts of unfair competition, as envisaged hereunde r, committed by business entities, legal entities, and 
associations thereof, shall entail penalties levied by the Antimonopoly Committee of Ukraine and its 
territorial divisions in amounts of up to three pe rcent of the business entity’s proceeds from the sales 
of goods, works, and services over the fiscal year pr eceding the year in which this penalty was meted 
out.  IP/N/1/UKR/O/1 
Page 6  
 
If such proceeds are impossible to compute, or in the absence of such proceed s, penalties indicated in 
Section 1 heretofore shall be levied in amounts of up to five thousand tax-free minimum citizens’ 
incomes.  
Article 22. Penalties Levied on Legal Entities, Associations Thereof, and Citizens’ Associations 
Not Being Legal Entities  
Acts of unfair competition, as envisaged hereunder,  committed by legal entities, associations thereof, 
and by citizens’ associations not being legal entities shall entail penalties meted out by the 
Antimonopoly Committee of Ukraine and its territori al divisions in amounts of up to two thousand 
tax-free minimum citizens’ incomes. 
 
Article 23. Citizens’ Administrative Responsibility 
 
Acts of unfair competition, as envisaged hereund er, committed by citizens engaged in business 
without forming legal entities, shall result in administrative liability as provided by law. 
 Acts of unfair competition, as envisaged hereunder, committed by citizens in the interest of a third 
party, these citizens not being engaged in business,  shall entail administrative penalties in keeping 
with legally set procedures.  Article 24. Restitution 
 
Damage caused by actions qualified hereunder as unfair competition shall be indemnified as per 
claims by interested parties in keeping with pr ocedures established by Ukraine’s civil legislation. 
 Article 25. Confiscation of Unlawfully Labeled Goods and Duplicated G oods Originating from a 
Different Business Entity (Entrepreneur) 
 
On establishing unlawful use of others’ trademarks, advertising material, and/or packing, as set forth 
by Article 4 heretofore, or on discovering duplicat ed goods envisaged by Article 6 heretofore, the 
interested party may bring the issue before th e Antimonopoly Committee of Ukraine or any of its 
territorial divisions, requesting confiscation of unlawfully labeled goods or duplicated goods 
originally made by a different business entity (e ntrepreneur) from both the [unlawful] manufacturer 
and the seller.  Goods thus confiscated shall be disposed of in k eeping with procedures determined by the Cabinet of 
Ministers of Ukraine. 
 Unlawfully labeled goods or duplicated goods originally made by a different business entity (entrepreneur) shall be confiscated when there is no other way to prevent mistaken identity damaging 
that other entity’s business.  Article 26. Refutation of Untruthful , Inaccurate or Incomplete Data 
 
On discovering that a business entity (entrepr eneur) has been discredited, the Antimonopoly 
Committee of Ukraine and/or its territorial divisions shall have the right to demand official retraction, 
by the guilty party and that party’s own cost, of such untruthful, inaccurate or incomplete information, 
within a term and in a manner determined by law or by a decision passed in this case. 
  IP/N/1/UKR/O/1 
 Page 7 
 
 
CHAPTER VI. LEGAL PRINCIPLES OF PROTECTION  
AGAINST UNFAIR COMPETITION 
 
Article 27. Procedural Principles of Handling Unfair Competition Cases by the Antimonopoly 
Committee of Ukraine and its Territorial Divisions 
 
Unfair competition cases shall be dealt with by the Antimonopoly Committee of Ukraine and its 
territorial divisions in keeping with procedur es established by this Law, the Law of Ukraine On 
Monopoly Restrictions and Prevention of Unfair Competition in Business Activities  (212-12), the Law 
of Ukraine On the Antimonopoly Committee of Ukraine  (3659-12), and other legislative acts of 
Ukraine. 
 
Article 28. Term of Statement of Claim 
 
Persons whose rights are upset by actions define d hereunder as unfair competition may, within six 
months from the date on which they discovered or might have discovered these transgressions, file 
statements of claim at the Antimonopoly Committee of Ukraine and/or its territorial divisions. 
Expiry of the term of statement of claim shall warrant rejection of such statements.  If the Antimonopoly Committee of Ukraine or any of its territorial divisions finds that this term was 
surpassed due to valid reasons, the st atement of claim shall be accepted. 
 
Article 29. Means of Securing the Implementati on of Decisions Made by the Antimonopoly 
Committee of Ukraine and its Territorial Divisions 
 
When handling a case as per statement of claim, the Antimonopoly Committee of Ukraine and its 
territorial divisions shall have the right to take measures to secure the implementation of their rulings 
if in the absence of such m easures their implementation will be difficult or impossible. 
In order to secure the implementation of such decisions, the Antimonopoly Committee of Ukraine and 
its territorial divisions shall issue directives:  Forbidding a person (respondent) to perform certain acti ons if there are signs of transgression in that 
person’s conduct; 
 Seizing property or sums in the respondent’s possession.  Such rulings may be appealed to a court of law in keeping with procedures set forth by Article 32 
hereunder, within fifteen days from the date  of receipt of a copy of the ruling. 
 ( Part three of Article 29 as amended according to the Law of Ukraine No. 762-IV of 15.05.2003 ) 
 The respondent, should the case be closed for lack of  evidence, may, in keeping with procedures set 
by the laws of Ukraine, exact from the claimant  damage in the amount of losses inflicted on the 
respondent when securing the implementation of the ruling. 
 
Article 30. Decisions Made by the Antimonopo ly Committee of Ukraine and its Territorial 
Divisions 
 The Antimonopoly Committee of Ukraine and its te rritorial divisions, when handling unfair 
competition cases, shall make decisions to be complied with under all conditions, namely: 
  Ones recognizing the fact of unfair competition;  
 Ones terminating unfair competition; IP/N/1/UKR/O/1 
Page 8  
 
  Ones ordering official retraction of untruthful, inaccurate or incomplete information, to be 
made by the guilty party at its own cost; 
  Ones levying penalties; 
 
 Ones confiscating unlawfully labeled goods or  duplicated goods originally made by a 
different business entity (entrepreneur); 
  Ones annulling or overriding unlawful acts a nd abrogating contracts adopted and made by 
central or local organs of state executive authority, and executive bodies of local self-
administration. 
 Decisions meting out penalties in amounts surpassing four hundred tax-free minimum citizens’ incomes shall be the sole prerogative of the Anti monopoly Committee of Ukraine, each to be passed 
at a sitting thereof. 
 Decisions on confiscation of unlawfully labeled goods or duplicated goods originally made by 
different business entities (entrepreneurs) shall be co mplied with in keeping with procedures followed 
when implementing court rulings.  Article 31. Procedures of Implementation of Decisions on Penalties 
 
A transgressor meted out a penalty shall pay it within thirty days from the date of receipt of the ruling 
on the penalty, unless otherwise instructed by the ruling. Each day in default shall entail an additional penalt y in the amount of one percent of the sum of the 
penalty. 
 If a transgressor refuses to pay a fine, the Antimonopoly Committee or any of its territorial divisions 
shall exact this fine and penalties levied as per court ruling. 
 
(Paragraph 3, Article 31 change d and amended according to Law of Ukraine #642/97 of 
November 18, 1997) 
 
(Paragraph 4, Article 31 invalidated by La w of Ukraine #783-XIV of June 30, 1999) Penalties 
collected shall be distributed as follows: fifty per cent shall be transferred to the State Budget of 
Ukraine, twenty-five percent to the Republican  Budget of the Autonomous Republic of the Crimea 
and to local budgets, and twenty-five percent to the state organ meting out the penalty, to help create 
the scientific, material-technical, and data base on which to develop and protect competition. 
 
Article 32. Appeal of Decisions of the Antimo nopoly Committee of Ukraine and its Territorial 
Divisions 
 Decisions made by the Antimonopoly committee of Ukrain e and its territorial divisions in regard to 
cases of unfair competition shall be appealed in court of law by interested persons within thirty days 
from the date of receipt of a copy of the court ruling.  ( Article 32 in the wording according to the Law of Ukraine No. 76 2-IV of 15.03.2003 ) 
 
Article 33. Rules of Professional Ethics 
Business entities (entrepreneurs), assisted by the Chamber of Trade and Industry of Ukraine and other 
interested organizations, may develop rules of prof essional ethics to be adhered to in competition in 
certain lines of business, as well as in certain sectors of the economy. The Rules of Professional  IP/N/1/UKR/O/1 
 Page 9 
 
 
Ethics in Competition, developed by business entities (entrepreneurs), shall be agreed with the 
Antimonopoly Committee of Ukraine.  The Rules of Professional Ethics in Competition ma y apply when making c ontracts and drawing up 
constituent and other documents binding  on business entities (entrepreneurs). 
 
Leonid Kuchma, President of Ukraine City of Kyiv, June 7, 1996 #236/96-VR 
 
 
 __________