WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/G/1 
11 August 2008 
 (08-3798) 
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 of Rights to Indication of 
Origin of Goods, adopted on 16 July 1999, as last  amended on 10 April 2008, 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 texte
1 de la Loi sur la protection des droits relatifs aux 
indications de l'origine des marchandises adoptée le  16 juillet 1999, telle que modifiée en dernier lieu 
le 10 avril 2008, notifiée par l'Ukraine au titre de  l'article 63:2 de l'Acco rd (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 de los derechos 
relativos a la indicación del origen de las mercancí as, adoptada el 16 de julio de 1999, modificada por 
última vez el 10 de abril de 2008, que Ucrania ha no tificado en virtud del 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/G/1 
Page 2  
 
 
LAW OF UKRAINE 
on the Protection of Rights to Indication of Origin of Goods 
(The translation is not official) 
  
 
(The Official Journal of the Verkhovna Ra da (Parliament) of Ukraine (OJU) 1999, № 32, Art. 267)  
(This Law is issued with consideration of the am endments that were introduced according to the 
following Laws:  № 2188–III of December 21, 2000, OJU, 2001, № 8, Art. 37  
№ 2921–III of January10, 2002, OJU, 2002, № 16, Art. 114  
№ 850–IV of May 22, 2003, OJU, 2003, № 35, Art. 271)  
№ 254-VI of April 10, 2008  
   
This Law determines the basis for the protection of ri ghts to indication of origin of goods in Ukraine 
and regulates relations arising in connection w ith their acquisition, use and protection.  
   
Chapter I  
GENERAL PROVISIONS     Article 1. Definitions    For the purposes of this Law:  
  
“Office” means the central body of executive power on  the legal protection of intellectual property;  
  “Appellate Chamber” means a collegial body of th e Office for the examination of objections to 
decisions of the Office on the acquisition of rights to intellectual property objects and on other matters 
referred to its competence by this Law;  
  “Indication of Origin of Goods” means the te rm covering (incorpora ting) such terms:  
– simple indication of origin of goods;  – qualified indication of origin of goods;    
“Simple Indication of Origin of Goods” means any wording or image (graphical) designation that 
directly or indirectly points to geographical pl ace of origin of goods. This can be a name of 
geographical place used for marking goods or as a part of such designation;    “Qualified Indication of Origin of Goods” means th e term covering (incorporating) such terms:  
– appellation of origin of goods;  
– geographical indication of origin of goods;    “Appellation of Origin (hereinafter AOG) of Goods” means a geographical place name used for marking of goods originating from the indicated ge ographical place and having particular properties 
that are exclusively or essentially due to the natura l conditions specific for that geographical place or 
to the combination of these natural conditions with human factor specific for this geographical place;  
  “Geographical Indication of Origin (hereinafter – GIO) of Goods” means any verbal or rendered 
(graphic) designation, which directly or indirectly specifies the geographical place of the origin of the 
goods, having certain properties, reputation or other characteristic features that are essentially due to 
natural conditions specific for that geographical place or to the human factor or to the combination of 
these natural conditions with human factor;     IP/N/1/UKR/G/1 
 Page 3 
 
 
“Geographical Place“ means any geographical object w ith officially defined boundaries, in particular: 
a country, a region as a part of a country, settlement, location, etc.;    “Generic Name of Goods” means a name of geogra phical place used in the name of goods, where the 
goods of that species were initially manufactured an d which with time have become commonly used 
in Ukraine as indication (name) of a species of goods irrespectively of its particular place of origin;  
  “Specially Authorized Body” means the State body defined by the Cabinet of Ministers of Ukraine vested with authority as for determining and control of particular properties, certain qualities or other 
characteristics of goods for indication of which the НМП  or the ГЗП are used, and also for 
determining of the boundaries of the geographical pl aces to which those particular properties, certain 
qualities or other characteristics are related, and for determining manufacturers of the indicated goods 
within the boundaries of these geographical places;    “Person” means a natural or legal person;  
  
“Application” means a package of documents require d for registration of the qualified indication of 
origin of goods and/or of the right to use the qualified indication of origin of goods;    “Applicant” means a person or group of pe rsons who has filed an application;  
  
“Certificate” means a document that confirms the right  to the qualified indication of origin of goods 
and/or the right of a person to use registered a ppellation of origin of goods or of the registered 
geographical indication of origin of goods;    “Registration” means the State registration of th e appellation of origin or of the geographical 
indication of origin of goods and/or of the right to  use that qualified indication of origin of goods;  
  “Register” means The State Register of Ukraine fo r appellation of origin and geographical indication 
of origin of goods and of the rights to use the re gistered qualified indication of origin of goods;  
  “Examination Institute” means the st ate institution (enterprise or organization) authorized by the 
Office for consideration and examination of applications;  
  “The State System of the Legal Protection of Inte llectual Property” means the Office and a number of 
expertise, scientific, educational, informational and other state institutions of relevant specialization, 
included in the sphere of management of the Office.  
   
Article 2. Legislation of Ukraine on the protecti on of rights to indication of origin of goods  
   Legislation of Ukraine on the protection of right to in dication of origin of goods consists of this Law, 
the Laws of Ukraine “On the protection against un fair competition”, “On the protection of rights to 
marks for goods and services”, “On the protection of the consumers rights”, “On the advertising” and 
of other normative and legal acts.  
     Article 3. Authorities of the Office in the Sphere of the Protection of Rights to Indication of Origin of Goods     
1. The Office provides the state policy implementation in the sphere of the protection of rights to 
indication of origin of goods, to that end it:  organizes the receiving of applications and their examination, makes decisions on them;  grants certificates, provides the state registration of indication of origin of goods and/or right to use them;  
provides publication of official data on indication of origin of goods;  IP/N/1/UKR/G/1 
Page 4  
 
implements international cooperation in the sphere of the legal protection of intellectual property and 
represents interests of Ukraine on the matters of th e protection of rights to indication of origin of 
goods in the international organizations according to the current legislation;  
adopts normative and legislative acts within its authorities under the determined procedure;  
organizes an information and publishi ng activity in the sphere of th e legal protection of intellectual 
property;  
organizes research works on the improvement of the legislation and on the organization of activity in 
the sphere of the legal protec tion of intellectual property;  
organizes the work on the retraining of the personnel of the state system of intellectual property legal protection;  
authorizes institutions included into the state system of the legal protection of intellectual property, in 
accordance with their specialization, to fulfill individual tasks defined by this Law, by the Statute of 
the Office and other normative and legislative acts in  the sphere of the legal protection of intellectual 
property;  performs other functions according to its Statute,  approved under the determined procedure.  
  
2. The activity of the Office shall be financed by funds of the State Budget of Ukraine.     Article 4. International treaties     If the international treaty of Ukraine for which th e approval of being mandatory is issued by the 
Verkhovna Rada of Ukraine, has set rules other than  those provided by this Law, the regulations of 
the international treaty are applied.     Article 5. Rights and Obligations of Foreign and Stateless Persons  
   
1. Foreign and stateless persons shall have equal ri ghts and obligations with the citizens of Ukraine 
provided by this Law in accordance with internati onal treaties of Ukraine for which the approval of 
being mandatory is issued by the Verkhovna Rada of Ukraine.    2. Foreign and stateless persons in the relations  with the Office, exercise their rights through 
representatives in the matters of intellectual property (patent attorney).  
   
Chapter II  Legal protection TO INDICATION of Origin of Goods    Article 6. Granting the Legal Protection to Indication of Origin of Goods  
   
1.The legal protection of the simple indication of origin  of goods is provided on the grounds of its use.  
The legal protection of the simple indication of or igin of goods includes non-admission of use of the 
indications that are not true (false) or which mislead consumers as to the real geographical place of origin of goods.  The simple indication of origin of goods shall not to be registered.  
  
2. This Law grants the legal protection to qualified indication of origin of goods on the basis of their 
registration, the action of which is termless from the date of registration.     Article 7. Conditions for Granting the Legal Protection  
   
1. The legal protection is granted for the qualified indication of origin of goods indicating specific 
geographical place from which goods originate, to wh ich the grounds for refusal in granting of the 
legal protection, specified by this Law, do not apply.     IP/N/1/UKR/G/1 
 Page 5 
 
 
3. The legal protection is provided for appeal of origin of goods, for which the following conditions 
are performed:  a) it is the name of the geographical place 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 providi ng particular properties to the goods in comparison 
with similar goods from the other geographical places exist objectively;  d) the goods marked with that name have respectiv e properties that are exclusively, or essentially, due 
to the natural conditions specific for that geogra phical place or the combination of these conditions 
and human factor specific for that geographical place;  
e) production (extraction) and processing of goods mark ed with this name are performed within the 
designated geographical place. Irrespective of the conditions stipulated by this pa rt, the name of a geographical place is considered 
the name of a place of the origin of the goods in  case the raw material for manufacture of the goods 
originates from other geographical place than the geographical place of manufacture of the goods, if 
the geographical place of the manufacture (extracti on) of raw material is determined, there exist 
special conditions of manufacture of such raw ma terial and the control over their observance is 
established.   4. The legal protection is provi ded for geographical indication of  origin of goods for which the 
following conditions are performed:  
a) it is the name of the geographical place from which that 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 na me there are the specific conditions and/or human 
factor providing the good with the certain properties or other characteristics;  d) the goods marked with that name have certain pr operties, 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 mark ed with that name is produced and/or processed 
within the boundaries of the designated geographical place.    5. The legal protection can be provided by the identical indication of origin of goods used for indication of similar goods different by their prop erties under the condition of the granting of the 
differences sufficient for the prevention of misleading of consumers as for real identification of goods.  
  6. The legal protection is provided by the hom onymic indication of origin of goods under the 
condition of prevention of consumers' mislead as for real identification of goods, geographical place 
of origin of goods or its boundaries.  
 
7. The protection of rights both to the place of origin  of the goods or to the geographical indication of 
the origin of the goods is given also to the tr aditional geographical or non-geographical name, which 
is used for a designation of the goods, which is conf orming to the conditions stipulated by the third 
and fourth parts of this article.    
Article 8. Grounds for Refusal in Granting of Legal Protection for the Qualified Indication of Origin 
of Goods     1. This Law does not grant the legal protection for th e qualified indication of origin of goods which:  
a) does not correspond to the conditions provi ded by the Article 7 of this Law;  
b) contradicts to the public order, principles of humanity and morals;  
c) is the generic name of goods;  d) correctly indicates geographical place of production of goods, though forms at customers a wrong idea on the fact that the goods are produced in an other geographical place;  e) is the name of variety of a plant or an animal  breed, thus being able to mislead consumers as for 
real origin of goods. IP/N/1/UKR/G/1 
Page 6  
 
f) e) is identical or similar to such an extent th at it can be confused with a sign for the goods and 
services, the rights to which are recognized in Ukrain e, if, taking into account the reputation, the data 
and the duration of use of this sign, such protection of rights can lead consumers to err as pertains to 
the identity of the goods.    
2. This Law does not grant the legal protection to th e qualified indication of orig in of goods related to 
a geographical place in a foreign State, if:  a) Ukraine has no relevant treaty with a foreign State on mutual protection of this  type of indication of 
origin of goods;  b) this indication is not protected in the relevant foreign State. 
  
 Chapter III  Procedure of registration of qualified INDICATION of origin of goods and/or of the right to use it  
   Article 9. The Right to Register of the Qualified Indication of Origin of Goods and/or to Use the 
Registered Qualified Indication of Origin of Goods  
   1. The right to register of the qualified indication of origin of goods is vested in: а) 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; 
б) the consumer associations; 
в) the institutions being directly re lated to production or investigati on of relevant products, articles, 
technological processes or geographical places.   2. The right to use the registered appellation of origin of goods or the registered geographical 
indication of origin of goods is vested, subject to the registration of that right, in manufacturers which 
at the geographical place designated in the Register produce goods, the particular properties, certain 
qualities or other characteristics of which corr espond with those included in the Register. 
   Article 10. An Application for Registration of Qualif ied Indication of Origin of Goods and/or of the 
Right to Use the Registered Qualified Indication of Origin of Goods  
   
1. An application for registration of the qualified indi cation of origin of goods is filed to the Office by 
persons having right to registration according to th e Paragraph one of the Article 9 of this Law. 
The application for registration of the right to use th e registered qualified indication of origin of goods 
is filed to the Office by persons having right to  such use according to the Paragraph two of the 
Article 9 of this Law. 
If an application for registration of the qualified indi cation of origin of goods is filed to the Office by 
persons manufacturing goods for which the indication is  claimed, the application is considered at the 
same time as the application for registrati on of the right to use that indication. 
  2. The application shall relate only to  one indication of origin of goods. 
  
3. On behalf of an applicant, the application can be filed through a representative in matters of 
intellectual property (patent attorney ) or another authorized agent. 
  4.The application shall be made in th e Ukrainian language and shall contain: 
a) 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 regist ered relevant qualified indication of origin of goods 
with information about an a pplicant and his/her address; 
b) the claimed appellation of origin of goods or the claimed geographical indication of origin of 
goods;  IP/N/1/UKR/G/1 
 Page 7 
 
 
c) a name of goods for which an applicant requests registration of the specified indication of origin of goods; and/or the right to use registered rele vant qualified indication of origin of goods. 
d) a name and boundaries of the geographical place wh ere the goods is manufactured and to which the 
particular properties, certain qualities, reputati on or other characteristics of goods are related; 
e) the description of the particular properties, certain qualities, reputation or other characteristics of 
goods; 
f) the data on the use of the claimed qualified indica tion of origin of goods on the label and at marking 
goods; g) the data on interconnection of the particular  properties, certain qualities, reputation or other 
characteristics of goods to the natural conditions a nd/or human factor of the specified geographical 
place. 
  5. Along with the application are filed: a) the document confirming the fact that the app licant manufactures goods for which he/she/it claims 
registration of the appellation of origin or the geogr aphical indication of origin of goods and/or the 
right to use the registered relevant qualified indication of origin of goods; 
b) the conclusion of a Specially Authorized Body on  the fact that the particular properties, certain 
qualities or other characteristics of goods identified in the application are objectively due to or related 
to the natural conditions and/or human factor of  the named geographical place of production of goods; 
c) the conclusion of a Specially Authorized B ody on the boundaries of the geographical place to 
which particular properties, certain qualities or  other characteristics of goods are related. 
  
6. Foreigners instead of the documents listed in the Paragraph five of this Ar ticle shall file along with 
the application documents confirming: a) the legal protection of the claimed qualified indi cation of origin of goods in the relevant foreign 
State or acquiring rights to such indication on the basis of diligent use if it is stipulated by the 
legislation of the country; 
b) the right of the foreign applicant or the person authorized by it/ him to use the relevant qualified indication of origin of goods. The documents provided by this Paragraph can be fi led in foreign language and their translation into 
Ukrainian shall be filed to the Office not late r than three months from the filing date of the 
application. 
  
7. The date of filing an application shall be the date on which the Office receives the application on 
registration of the qualified indication of origin and/or the right to use the registered qualified indication of origin of goods.   
8. A fee shall be paid for filing an application. In  case the fee is not paid within two months from the 
filing date of the application, the applic ation is considered to be not filed. 
   Article 11. Examination of an Application    1.The examination of an application has the status  of the scientific and technical examination and 
shall be held by the Examination Institute under th is Law and according to regulations established by 
the Office on its basis. The Examination Institute shall carry out an information activity required for performance of 
examination of applications and shall be the cente r of an international exchange of publications 
according to the Convention on International Exchange  of Publications adopted on December 3, 1958 
by the United Nation General Conference for Education, Science and Culture.  
  2. An applicant has the right to take part in prescribed order, personally or through his/her/its 
representative, in considerati on of problems arising in the course of the examination. 
  IP/N/1/UKR/G/1 
Page 8  
 
3. During examination holding, on initiative of th e applicant, corrections of obvious errors and 
adjustment of description of the main characteristi cs of goods or the boundaries of the geographical 
place of origin of goods can be included to the application.   4. The examination of an application for registrati on of the qualified indication of origin of goods 
and/or of the right to use the registered qua lified indication of origin of goods determines 
correspondence of the data given in the application to  the provisions of the Articles 7, 8 and 9 of this 
Law.   5. In the course of examination of an application for registration of the qualified indication of origin 
of goods examination of that indication is performed  with respect to the generic names included to the 
List of the generic names of goods. The list of the generic names of goods is formed by  the Office on the basis of the Regulations on the 
List of the generic names of goods approved by the Cabinet of Ministers of Ukraine. In the case of the appellation of origin of the goods claimed for registration, or the geographical 
indication of origin of goods claimed for registrati on are included to the List of the generic names of 
goods, the decision on refusal in registration is sent to the applicant.   6. In the course of the examination the Examinat ion Institute has the right to request from the 
applicant additional materials without which the examination is impossible. 
The additional materials on request by the experts shall be submitted within three months from the 
date of having received the request. During that  term the applicant can submit a petition for 
prolongation of the term for response or for the rene wal of the term for response to the request missed 
due to reasonable excuse. A fee is paid for submissi on of the petition for prolongation of the term and 
for renewal of the missed term. In the case of infringement by the applicant of the prescribed term or his leaving the request without 
reply, the application is considered withdrawn. 
  7. In case on the results of examination it is f ound that the claimed indication does not correspond to 
the conditions of provision of the legal protection to the appeal of origin of the goods, or the geographical indication of origin of goods, or that the applicant can not be given the right to use the previously registered appellation of origin of g oods, or the previously registered geographical 
indication of origin of goods, the Office makes decision on refusal in registration. 
The decision on the refusal in regist ration is sent to the applicant. 
  8. If after the results of the examination it is dete rmined that the application meets the requirements 
provided by the Articles 7, 8 and 9 of this Law, information on the applica tion is published in the 
Official Gazette of the Office. 
The publication shall include: information on the applicant (applicants); the name of goods, including the claimed for regi stration appellation of origin of the goods or 
geographical indication of origin of goods; the boundaries of the geographical place to which th e particular properties, certain qualities or other 
characteristics of goods are related; 
the description of the particular properties, certain qualities, reputation or other characteristics of goods; the conditions of use of the qualified indication of origin of goods on the label and at marking goods. 
The publication can also include other info rmation identified in prescribed order. 
  
9. After the publication of official data on the ap plication for registration of qualified indication of 
origin of goods and/or the right to use the register ed qualified indication of or igin of goods any person 
has the right to familiarize in prescribed order with th e materials of the application. A fee is paid for 
familiarizing with the materials of the application.  
   IP/N/1/UKR/G/1 
 Page 9 
 
 
10. Within six month from the date of the publicati on of official data on the application any person 
can submit to the Office an objection against regist ration of the claimed appellation of 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 is paid for the submission of objection. In case the fee is not paid, the objection is considered to 
be not submitted. 
  11. The copy of the objection submitted and informati on on the person having filed that objection are 
sent to the applicant. Within two month from the da te of having received the copy of the objection the 
aplicant shall send to the Office a substantiated reply to the objection or submit a petition for 
prolongation of the prescribed term for reply. A fee is paid for submission of the request for 
prolongation of the term. In case the fee is not paid , the term for giving response is not prolonged. 
In case response to objections from the applicant does not come to the Office, the objection is 
considered in prescribed order on the basis of the available materials.   
12. Objection and response on it are examined by th e institution within two month from the day of the 
expiration of the term established for the response. The applicant and the person having submitted the obj ection have the right to take part in its 
examination.   13. On the results of the examination of the obj ection a notification is sent to the person having 
submitted the objection. 
  14. In case of no objections been available or their recognition as not substantial, the Office decides 
on registration of that qualified indication of origin of goods and/or of the right to use the registered 
qualified indication of origin of goods and informs the applicant of it. 
In case the objections examined are found substantial,  the Office decides on refusal in registration and 
informs the applicant of it. A decision on refusal in registration is publis hed in the Official Gazette of the Office. 
  15. The applicant has the right to familiarize with all the materials identified in the request from the 
Examination Institute or in the decision of the O ffice. Copies of materials are sent to the applicant 
within a month from the day of receipt of the request.  
   Article 12. Withdrawal of an Application    The applicant has the right to withdraw the applicati on at any time before the day of registration of the 
qualified indication of origin of goods and/or of right to use the qualified indication of origin of 
goods.    Article 13. Appellation Against Decision on an Application     1. An applicant may appeal to the court or to th e Appellate Chamber against the Office decision on an 
application within two months from the date of receiving the Office decision. 
  2. If the Office decision on the application has been appealed to the court after the registration of 
qualified indication of origin of goods and/or the right to use the qualified indication of origin of 
goods, the court also decides the validity of the relevant registration. 
  
3. The right to appeal the Office decision in the Appellate Chamber would be lost after the payment of 
the state fee for the issue of the certificate.   4. The appeal against the Office decision in the Appellate Chamber shall be accomplished by 
submitting an objection against the decision under th e procedure determined by this Law and on its IP/N/1/UKR/G/1 
Page 10  
 
basis by the Regulations of the Appellate Chambe r approved by the Office. A fee is paid for the 
submitting of the objection. If the fee has not been pa id within the period fixed in Paragraph one of 
this Article, the objection shall be considered as not  submitted, of which a notification is sent to the 
applicant.   
5. In case when the Appellate Chamber has receive d an objection and a document for payment of the 
fee for submitting the objection, the processing on the application shall be suspended until the 
approval of the decision by the Appellate Chamber.   6. An objection against the Office decision on an application shall be considered according the 
Appellate Chamber regulations within two months  from the date of receiving the objection and the 
document on the payment of the fee for submitting the objection, within the framework of the grounds 
presented in the objection by the applicant and dur ing the discussion of the objection. The period of 
consideration of the objection sha ll be extended on the initiative of the applicant, but for not more 
than two months, provided that the relevant request has been submitted and the fee has been paid with 
respect to the request. 
  7. On results of consideration of an objection, the Appellate Chamber shall made a grounded decision 
which shall be approved by the order of the Office and be sent to the applicant. If an objection has been fully or partially satisfied, the fee for submitting the objection shall be returned to an applicant. 
  
8. Before approving of the Appellate Chamber deci sion, within a month from the date of making the 
decision, the Head of the Office may present a gr ounded written protest against this decision, which 
shall be considered within a month. The decision of the Appellate Chamber made on the protest shall 
be final and may be cancelled only by the court. 
  
9. An applicant may appeal to the court against the Appellate Chamber approved by the Office within 
two months from the date of receiving the decision.   Article 14. Registration of the Qualified Indication of  Origin of Goods and/or of the Right to Use the 
Registered Qualified Indication of Origin of Goods  
   
1. On the grounds of the decision made by the O ffice on registration of the qualified indication of 
origin of goods and/or right to use the registered  qualified indication of orig in of goods the relevant 
registration is performed.   
2. The registration is performed through including  to the Register required data on the qualified 
indication of origin of goods and/ or of persons having right to use the registered qualified indication 
of origin of goods. The following data is included in the Register: the claimed indication of origin of goods; the qualification of indication: the name of the ap pellation of origin of goods or the geographical 
indication of origin of goods; 
the name of goods, description of  particular properties, certain qualities, reputation or other 
characteristics; the date of taking decision on registration of the appellation of origin of  goods or geographical 
indication of origin of goods; data on the persons in whom the right to use the re gistered qualified indication of origin of goods, is 
vested and the date of the decision to give that right. 
  3. The form of the Register and the order of keeping it are determined by the Office. 
  4. The applicant has the right to file an request  for inclusion of changes and adjustments to the 
Register. An order of inclusion changes and adjust ments to the Register are defined by the Office.  IP/N/1/UKR/G/1 
 Page 11 
 
 
For inclusion of changes and adjustments to the Re gister, or for correction of an obvious error made 
through the fault of the applicant, a fee is paid in established order. 
  5. Any person has the right to familiarize with th e data included to the Register and to get an 
extraction from the Register for a certain fee. A procedure of performance of these actions is 
determined by the Office. 
  6. Data on registration of the qualified indication of origin of goods and/or the right to use the 
registered qualified indication of origin of goods is published in Official Gazette of the Office. 
     
Article 15. Granting a Certificate on the Right to Use the Registered Qualified Indication of Origin of 
Goods     1. The certificate of registration of the right to use the qualified indication of origin of goods is granted by the Office within a month from the date of registration of that indication or from the date 
of data being entered in the Register about the pers ons to whom the right to use the registered before 
that qualified indication of origin of goods is given, subject to payment of the state fee at the rate and in order established by legislation. The term of payment of state fee is prolonged, though not more than for the six month, in case a 
respective petition is filed before the expiration of that term and application fee for it submission is 
paid. This term, missed because of a reasonable excu se, is renewed, in the case of a respective petition 
being filed within six month after the expiration of  the term and fee for its submission is paid.  
  2. The form and content of the certificate are determined in established order.    3. To the granted certificate on requirement of its owner the Office makes correction of obvious errors 
with the following notification on this in  the Official Gazette of the Office. 
  4. The certificate being evidence of registration of th e right to use the qualified indication of origin of 
goods is valid during 10 years from th e date of filing the application. 
The term of validity of the certificate is prolonged by the Office for the following 10 years on the grounds of the request submitted by the owner of the certificate within the last year of the term of 
validity of the certificate subject to approval by a Sp ecial Authorized Body of the fact that the owner 
of the certificate manufactures goods in the geographical place indicated in the Register and the characteristics of goods correspond to the characteristi cs recorded in the Regist er. A fee is paid for 
prolongation of the term of validity of the certificate. A request of the owner of the certificate on prolon gation of the term of validity can be submitted 
within the six months after expiration of the term of validity of the certificate subject to payment 
within that term of a fee increased by 50 percent. The term of validity of the cer tificate is terminated before th e appointed time under the conditions 
provided by this Law.   5. In the case of a loss or damage of the certificate its owner is given a duplicate of the certificate in 
order established by the Office. A fee is paid  for granting duplicate of the certificate.  
     Article 16. Registration of the Qualified Indica tion of Origin of Goods in Foreign States  
   An application for the registration of the qualif ied indication of origin of goods related to a 
geographical place at the territory of Ukraine in a foreign State, can be filed only after its registration 
in Ukraine.    Chapter IV Rights and obligations deriwing from registration of  the qualified INDICATION of origin of goods 
and/or the right to use it  IP/N/1/UKR/G/1 
Page 12  
 
   Article17. Rights Deriving from Registration of the Qualified Indication of Origin of Goods and/or 
the Right to Use It     1. The rights deriving from registration of the qualifie d indication of origin of goods and/or the right 
to use it are valid from the date of its registration. 
  2. Registration of the right to use the qualified indi cation of origin of goods does not restrict the rights 
of the other persons to register their rights to use it.   
3. The scope of the legal protection provided by re gistration of the right to use the qualified indication 
of origin of goods is determined by included to th e Register and fixed in the certificate characteristics 
of the goods and the bounda ries of a geographical place. 
  4. The owner of the certificate has the right to: 
а) use the registered qualified indication of origin of goods; 
б) take measures for prohibition of use of the qualif ied indication of origin of goods by persons not 
entitled to it;  в) require from persons having infringed his/her rights to terminate those infringements and to 
reimburse the material and the moral damage in order established by Law. 
  
5. The following acts shall be considered as the use of  the registered qualified indication of origin of 
goods: а) marking the indication on the goods or to a label; 
б) marking the indication on the package of goods, use in advertising; 
в) records in forms, bills and othe r documents accompanying goods. 
  
6. The owner of the certificate has the right to a pply along with the qualified indication of origin of 
goods a warning marking to inform of the fact that indication is registered in Ukraine. For the warning marking of the appellation of orig in of goods the abbreviation (AOG) ringed by an 
oval is used. Instead of that marking, or together with it, the text can be used: “The appellation of 
origin of goods registered in Ukraine”.  
For the warning marking of geographical indication of origin of goods the abbreviation (GIO) ringed 
by an oval is used. Instead of that marking, or to gether with it, the text can be used: “Geographical 
indication of origin of goods registered in Ukraine”.    7.The owner of the certificate does not have the right to: 
а) issue a license to use the qualified indication of origin of goods; 
б) prohibit (prevent) the Specially Authorized Bodi es from performing control of presence in goods of 
particular properties and other characteristics, on the grounds of which the qualified indication of 
origin of goods and/or the right to use it is registered.    Article 18. Obligations of the Owner of the Certificate 
   
The owner of the certificate is obligated to provide  the correspondence of quality, particular properties 
and characteristics of goods which is manufactured to their description in the Register.     Chapter V 
Procedure of declaring invalid and of termin ation of the legal protection of the qualified 
INDICATION of origin of goods and/or the right to use that INDICATION    Article 19. The Grounds for Declaring Invalid and for Termination of the Legal Protection of the 
Qualified Indication of Origin of Goods and/or the Right to Use That Indication 
    IP/N/1/UKR/G/1 
 Page 13 
 
 
1. Legal protection of the qualified indication of orig in of goods is declared invalid on the grounds of 
registration of that indication being declared invalid.   2. Legal protection of the qualifie d indication of origin of goods is terminated on the grounds of 
termination of registration of that indication. 
   
Article 20. Declaring Invalid the Registration of th e Qualified Indication of Origin of Goods and/or 
the Right to Use That Indication    1. The registration of the qualified indication of origin  of goods can be declared invalid by the court in 
the case of non-conformity to the conditions of pr ovision of the legal protection provided by the 
Article 7 of this Law. The registration of the qualified indication of orig in of goods or the right to use that indication 
declared invalid are considered as not having come into force.   
2. The registration of the right to use the qualified indication of origin of goods and the certificate 
being evidence of the right to use the qualified indica tion of origin of goods can be declared invalid 
by court in the case of registration was performed  with infringement of requirements provided by the 
Articles 7, 8 and 9 of this Law.  Declared invalid registration of the right to use the qualified indication of origin of goods and the 
certificate being evidence of this right are c onsidered as not having come into force. 
   
Article 21. Termination of Registration of the Qua lified Indication of Origin of Goods and the Right 
to Use It     1. Validity of the registration of the qualified indica tion of origin of goods can be terminated by court 
in the case of loss of specific for the given geographical place conditions and possibilities of 
production of goods described in the Register, as well as recognition of that indication as a generic 
name of goods.   2. Validity of the registration of the qualified indi cation of origin of goods related to a geographical 
place in a foreign State is also term inated in connection with the term ination of the legal protection of 
that indication in the State of origin. 
  3. The right to use the registered qualified indication of origin of goods can be terminated: a) by decision of the court due to the fact that goods  loose particular properties or other characteristics 
described in the Register, from the date fixed by the court;  
b) in the case of liquidation of a juridical person or  of the death of a physical person being the holder 
of the certificate; c) in case the owner of the certificate submits a request to the Office on renunciation of the right to 
use that indication. The right is terminated from the day of the official publication of data on it; 
d) in the case of non-payment of the fee for prolonga tion of the term of validity of the certificate. The 
right is terminated from the first day of the following term for which the fee is not paid. 
   
Article 22. Procedure of Declaring Invalid and Terminating the Registration of the Qualified 
Indication of the Origin of Goods and/or the Right to Use It     1. The registration and the relevant certificate ar e declared invalid in the court procedure.  
  
2. Any person has the right to refer to the court w ith a suit on declaring invalid the registration and the 
certificate or on termination of their validity, on adjustment of the characteristics of the goods 
described in the Register, or on adjustment of co rrespondence of the qualified indication of origin of 
goods to its geographical place, and on recognition of the registered qualified indication of origin of 
goods as its generic name. IP/N/1/UKR/G/1 
Page 14  
 
  3. On the grounds of the decision of the court the Office includes relevant changes to the Register or 
the List of the generic names of goods with publi cation in the Official Gazette of the Office.  
   Chapter VI 
Protection of right to use the INDICATION of origin of goods  
   Article 23. Infringement of Rights to Use the Indication of Origin of Goods    1. The infringement of rights to use the indication of origin of goods is the use of indication which is 
not true (false), or a indication causing consumers misleading as to the real appellation of origin of 
goods.   2. Any encroachment on the rights of the owner of th e certificate of registration of the right to use the 
registered qualified indication of origin of goods  involves accountability in accordance with the laws.  
  
3. The infringement of the rights of the owner of the certificate of registration of the right to use the 
registered qualified indication of origin of goods is:  a) use of the registered qualified indication of or igin of goods by a person having no certificate of 
registration of right to use it;  b) use of the registered indication of geographical origin of goods in case of that goods not originating 
from the registered for that indication geographical place, even in the case of the real appellation of 
origin of goods or geographical indi cation of its origin being used in the translation, or being followed 
by the words “kind”, “type”, “style”, “brand”, “imitation”, etc.; c) use of the registered qualified indication of origin of goods or an indication similar to it for the similar goods different from those described in th e Register in case of such use causing consumers 
misleading on the origin of goods and the particular properties or other characteristics of them and for 
the non-similar goods in case such use causes a damage  to the reputation of the registered indication 
or is the illegal use of its reputation; d) use of the registered qualified indication of origin of goods as a generic name.   4. The following is considered as infringement of the right of the owner of the certificate: 
a) use of the registered qualified indication of orig in of goods provided by the items “b” and “c” of the 
Paragraph five of the Article 17 of this Law by any person having purchased on the legal basis the 
goods indicated by that qualified indication of origin from the owner of the certificate and putting them into circulation one more time; b) use of the qualified indication of origin of goods  by a person having no certificate of registration of 
the right to use it though having used it in good faith before the date of registration. In case such 
person within the twelve months from the date of re gistration of the qualified indication of origin of 
goods does not file to the Office an application to ge t the right to use that indication, the following use 
of it is considered to be infringement of the rights of the owner of the certificate.    (The article 24 is excluded on the grounds of the Law № 850–IV of 22.05.2003)  
   
Article 25. Remedy for Protection of Rights    1.The protection of rights to indication of origin  of goods is performed in the court and other 
procedures prescribed by Law. 
  
2. Jurisdiction of the court applies to all the legal re lationships arising in relati on to application of this 
Law. The courts, according to their competence, resolve, in particular, the disputes on: 
legitimacy of registration of the qualified indication of origin of goods; 
ascertainment of the fact of use of the qualified indication of origin of goods;  IP/N/1/UKR/G/1 
 Page 15 
 
 
infringement of the rights of the owner of the certific ate of registration of the right to use the qualified 
indication of origin of goods; compensation.        Article 26. Fees 
   
An amount and procedure of payment of the state fee for the granting certificate are determined under 
the legislation. Costs obtained from the payments of the state fee for the granting certificates shall be included to the 
State Budget of Ukraine. 
The amount of fees provided by this Law, termes a nd procedure of their payment are determined by 
the Cabinet of Ministers of Ukraine. The fees provided by this Law are paid to the cu rrent accounts of the institutions authorized by the 
Office, which are included into the state system of  the legal protection of intellectual property and 
fulfill individual tasks, defined by this La w, in accordance with their specialization. 
The earning from fees provided by this Law are purpo se-oriented and, in accordance with the orders 
of the Office, are used exclusively for the development and functioning of the state system of the legal protection of intellectual property, in particular fo r the implementing of tasks defined by this Law and 
other normative and legal acts in th e sphere of intellectual property. 
  Chapter VII 
CONCLUDING regulations 
   1. This Law shall enter into force in six months from the day of publication. Till the other laws are brought in correspondence with the regulations of this Law they are in force in 
part which does not contradict to this Law. 
  
2. The Cabinet of Ministers of Ukraine within th e three months from the day this Law comes into 
force, shall: submit to the Verkhovna Rada of Ukraine of Uk raine the propositions on amending the laws of 
Ukraine resulting from this Law; determine and publish the list of specially Author ized Bodies obliged to determine and to control 
particular properties and other characteristics of  goods, determine the boundari es of the geographical 
places and assign manufacturers of goods; elaborate the Regulations for the List of the generic names of goods; establish the procedures and rate of payment of application fee, the fee for granting certificate and for prolongation of the term of validity of the certificate, for prolongation of the terms for submission of 
objections and appeals, etc., in accordance with this Law; 
bring its normative and legal acts in correspondence with this Law; provide revision and cancellation by Ministries and the other central executive authorities of their normative and legal acts in contradiction with this Law.       
President of Ukraine                                                                                                                                          
L. KUCHMA   Kyiv, June 16, 1999  № 752–XIV 
    
 __________