WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/C/3 
11 August 2008 
 (08-3800) 
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 the specifics of State regulation of 
activities of business entities related to production, export, and import of disks for laser reading 
systems, matrices, adopted on 17 January 2002, as amended on 6 July 2005, 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 les procédures de réglementation par 
l'État des activités des entreprises liées à la produc tion, l'exportation et l'importation des disques pour 
systèmes de lecture laser et matrices adoptée le 17 janvier 2002, telle que modifiée le 6 juillet 2005, 
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 las características de la 
reglamentación estatal de las actividades de las em presas comerciales asociadas con la producción, la 
exportación y la importación de discos para sistemas de lectura por láser, matrices, adoptada el 17 de 
enero de 2002, modificada el 6 de julio de 2005, que  Ucrania ha notificado 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/C/3 
Page 2  
 
 
THE LAW OF UKRAINE 
No. 2953-III 
of January 17, 2002 
 
On the specifics of state regulation of ac tivities of business entities related to 
production, export, and import of disk s for laser reading systems, matrices 
 
As amended and supplemented according to  
the Law of Ukraine No. 2734-IV of July 6, 2005 
(Throughout the text of the present Law, the words “a body duly appointed by the Cabinet of 
Ministers of Ukraine (hereinafter referred to as the licensing body)” and “the licensing body” [in all 
cases] were replaced with the words ”the central body of executive power in the sphere of intellectual 
property” [in respective cases]; after the words “disks for laser reading systems” the text was 
supplemented with the words “matrices” [in respec tive cases] with the exception of paragraphs four, 
nine of Article 1 of the present Law, according to  the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
The present Law determines the specifics of stat e regulation of business activities related to 
production, export, and import of disks for laser reading systems, matrices. 
 
 
Article 1. Definitions of terms 
 
In the present Law, the terms shall be  used in the following meanings: 
 
producer of disks for laser reading systems, matrices  is a business entity that carries out, in full or 
in part, the production of disks for laser reading systems, matrices;  production of disks is the activities, related to the use of te chnological process or processing of a raw 
material into optical carriers of information in the fo rm of a disk for laser reading system, matrices, in 
the course of which process, simultaneously with  the production of disks the recording of an 
information that is an object of copyright and/or re lated rights is performed thereon, or that without 
recording, as well as the activities related to sal e of disks or matrices produced in-house;  
 
(paragraph three of Article 1 as set out in the wording of  
the Law of Ukraine No. 2734-IV of July 6, 2005) 
 disk for laser reading systems is any optical disk for laser reading systems with a record of 
information thereon or the possibility of recording of  an information that reflects objects of copyright 
and/or related rights, or that without a record of such an information;  
license conditions  are the list of requirements regarding th e production, export, and import of disks 
for laser reading systems, matrices, as set forth in  the present Law, and license conditions subject to 
approval according to the Law of Ukraine ”On Lice nsing of Certain Types of Economic Activity,” 
observance of which is legally binding for the pr oducer, exporter, and importer of disks for laser 
reading systems, matrices, which obtained a relevant license; 
 
(paragraph five of Article 1 as set out in the wording of  
the Law of Ukraine No. 2734-IV of July 6, 2005) 
 license  is the document of the state-approved form th at grants the right to undertake the type of 
business activity specified therein during the defined term, provided the license conditions are 
observed;  IP/N/1/UKR/C/3 
 Page 3 
 
 
 license for export (import)  is the duly executed right for export (import) of the equipment and raw 
materials for production of disks for laser reading sy stem and matrices, which is issued for a foreign 
economic transaction by a certain business entity during the defined term;   
(Article 1 was supplemented with the new paragraph seven 
according to the Law of Ukraine No. 2734-IV of July 6, 2005) 
 raw material  is an optical polycarbonate used in the production of disks for laser reading systems and 
matrices; 
 
(Article 1 was supplemented with the new paragraph eight 
according to the Law of Ukraine No . 2734-IV of July 6, 2005, in connection with this paragraphs 
seven to eleven shall be considered as pa ragraphs nine to thirteen, respectively) 
 
licensed premises  are any premises specified in the supplem ent to the license for production, export 
or import of  disks for laser reading system and matrices, in which production, storage and/or sale of disks for laser reading system and matrices is carried out;  licensed equipment  is the equipment specified in the supplement to the license for the production of 
disks for laser reading systems, matrices; 
 
matrix  [master CD, stamper ] is a tangible object in the form of a stamper or other similar or 
analogous device that contains digital data and is used to transfer this data directly onto a disk in the 
process of its production;  illegal turnover of disks for laser reading system s, matrices, equipment,  and raw materials for 
their production  is the production, export, import, storage, sale, and movement on the territory of 
Ukraine of disks for laser reading systems, ma trices, equipment, and raw materials for their 
production that do not comply with the requirements set forth in the present Law;  
(paragraph twelve of Article 1 as amended according to 
the Law of Ukraine No. 2734-IV of July 6, 2005) 
 special identification code  is the code that identifies the produ cer of these disks and is assigned by 
the body that issues the license for the production of  disks for laser reading systems, matrices. 
 Article 2. Scope of the present Law and legislation regarding production, export, import of disks 
for laser reading systems, matrices 
 
The present Law shall apply to business entities that  carry out the production, export and import of 
disks for laser reading systems, matrices, as well as the export and import of the equipment and raw 
materials for their production, specified in Article 5 of the present Law. 
 
Relations in the sphere of productio n, export, and import of disks for laser reading systems, matrices, 
and relations in the sphere of e xport, import of equipment and raw materials for their production shall 
be governed by the Constitution of Ukraine, the La ws of Ukraine ”On Copyright and Related Rights,” 
”On Licensing of Certain Types of  Economic Activity ,” by the present Law? Other Laws of Ukraine 
in the part that do not contradict the present Law, and well as international ag reements of Ukraine that 
came into force in the order established by law.  In the case when the norms of the present Law 
contradict the rules of an international agreement of Ukraine, consent to the obligatoriness of which 
was given by the Verkhovna Rada of Ukraine, rules of  the international agreement shall be applied.  
 IP/N/1/UKR/C/3 
Page 4  
 
The present Law shall not apply to disks for laser reading systems that are not objects of export or import and that are:  imported or exported, sent in inte rnational postal and express shipme nts by natural persons in the 
number that do not exceed twenty copies; 
 
imported or exported, sent in international postal and express shipments by legal entities for provision 
of business activities without the right for or withou t the aim of subsequent sale and distribution; 
 imported or exported with technical doc umentation as a part of equipment.  
 
(part three of Article 2 was replaced with parts three and four according to 
the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
Article 3. Regulation of production of disks for laser reading  systems, matrices 
 
1. The production of disks for laser reading syst ems, matrices shall be carried by business entities 
only subject to the availability in them of a lic ense to undertake such ac tivities and provided the 
license conditions set forth by the present Law and license conditions, approval of which is envisaged 
by the Law of Ukraine “On Licensing of Certain Types of Economic Activity,” are observed.  
The licensing of the production of disks for laser read ing systems, matrices shall be carried out by the 
central body of executive power in the sphere of intellectual property, according to the present Law 
and the Law of Ukraine “On Licensing of Certain Types of Economic Activity.”  
 2. The central body of executive power in the sphe re of intellectual property shall assign a special 
identification code to the applicant (p roducer) and state it in the license.  
 3. A license for the production of disks for laser r eading systems, matrices shall be issued to a 
business entity that complied with the requirement s of Article 10 of the Law of Ukraine “On 
Licensing of Certain Types of Economic Activity” and submitted to the central body of executive 
power in the sphere of intellectual property the documentary  evidence of the following: 
 
own or leased production equipment (designation and number of available production lines); 
 own or leased production premises and storage facilities.  
4. The license for the production disks for laser reading systems, matrices shall be issued by the 
central body by of executive power in the sphere of  intellectual property for the term of three years. 
 5. The central body of executive power in the sphe re of intellectual property shall make a decision 
regarding issue or refusal of the issue of the li cense pursuant to the procedure and on the grounds set 
forth in Article 11 of the Law of Ukraine ”On Li censing of Certain Types of Economic Activity” and 
taking into consideration the specifics of the present Law.  
 
Article 4. Requirements for activities on producti on of disks for laser reading systems, matrices 
(license conditions) 
 1. A producer that was issued the license fo r the production of disks shall be obliged to: 
 (i) produce disks using only licensed equipment and on licensed premises;  (ii) affix a special identification code to each produ cer disk for laser reading systems, matrix with a 
record of information in accordance with the pr esent Law and for every produced disk for laser  IP/N/1/UKR/C/3 
 Page 5 
 
 
reading systems, matrix without any record of info rmation – affix the code to it of the die mold from 
which it was produced;  
(item (ii) of part one of Article 4 as amended  
according to the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
(iii) provide technological capacities for affixation of the identification code to  disks for la ser reading 
systems, matrices with licensed equipment;    (iv) notify the central body of executive power in  the sphere of intellectual property about any 
changes that took place in relation to the informa tion specified in the license and the supplement 
thereto within three working days from the date of such changes; 
 (v) produce disks for laser reading systems, matrices, which contain objects of copyright and/or related rights, only subject to the availability of pe rmission of the persons that own the copyright or 
related rights; 
 (vi) keep record of the production of disks for la ser reading systems, matrices, as well as purchases, 
storage and use of raw materials for their production;  (v) store accounting document pertaining to the production of disks for laser reading systems, 
matrices during a term specified by the legisla tion, and provide two compulsory free copies of 
produced disks for laser reading systems with in formation recorded thereon for the specially 
designated body on issues of licensing, which shall store them during three years as according to the 
provisions of the Law of Ukraine ”On the Compulsory Copy of Documents.”  
(vi) the procedure for the provision, storage, and is sue of copies of disks for laser reading systems, 
matrices shall be approved by the Cabinet of Ministers of Ukraine.  
(item (vi) of part one of Article 4 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
(vii) provide officials of the central body of execu tive power in the sphere of intellectual property, 
during carrying out inspections, in the presence of  the manager or business entity or the person 
authorised by him, with documents relating to th e subject being inspected, provide access to licensed 
premises, and ensure adequate  conditions for inspections. 
 
2. The production of disks for laser reading systems,  matrices to orders of other persons, including the 
production using a give-and-tale raw material, shall be carried with observance of the provisions of 
the present Law.  In the case of a written inquiry by subjects of copy right and/or related rights, the central body of 
executive power in the sphere of intellectual propert y shall be obliged to provide a written response to 
the inquiry concerning the production, export, and import of disks for laser reading systems, matrices, 
which contain respective objects of copyright and/or related rights.  
Article 5. Regulation of export, import of disk s for laser reading systems, matrices, as well as 
equipment and raw materials for their production 
 
1. According to the present Law and the Law of Ukraine ”On Licensing of Certain Types of 
Economic Activity,” the export/import of disks for laser reading systems, matrices shall be subject to licensing.  IP/N/1/UKR/C/3 
Page 6  
 
According to the present Law and the Law of Uk raine “On Foreign Economic Activity” export/import 
of major components of specialized equipment for the production of disks for laser reading systems, 
matrices, the list of which is approved by the Cabine t of Ministers of Ukraine (hereinafter referred to 
as the equipment), and raw materials for their production shall be subject to licensing.  
 
(part one of Article 5 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 2. The export, import of disks for laser reading sy stems, matrices, equipment, and raw materials for 
their production without the license shall be prohibited. 
 
3. The licensing of the export, import of disks for l aser reading systems, matrices, equipment, and raw 
materials for their production shall be carried out by  the central body of executive power on issues of 
economy according to the present Law, Law of Uk raine  ”On Licensing of Certain Types of 
Economic Activity,” and the Law of Ukra ine “On Foreign Economic Activity.”  
 
(part three of Article 5 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 4. A license for the export/import of disks for laser reading systems, matrices shall be issued to a 
business entity that complied with the requirement s of Article 10 of the Law of Ukraine “On 
Licensing of Certain Types of Economic Activity” and submitted to the central body of executive 
power in the sphere of intellectual property the documentary evidence of the availability of the 
following:  own or leased warehouse facilities; 
 
own or leased premises, in which bulk or retain sale of disks for laser reading systems, matrices will be carried out (regarding the license for import of disks, matrices).  The license for the export/import of disks for laser r eading systems, matrices shall be issued for the 
term of three years. 
 
A license for the export/import of disks for laser r eading systems, matrices shall be issued to a 
business entity subject to the availability of  a foreign trade contract (agreement). 
 
(part four of Article 5 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 5. The export of disks for laser reading systems, matrices sha ll be carried out only subject to the 
availability of special identification codes on them. Im port of disks for laser reading systems, matrices 
shall be carried out only subject to the availa bility of special identification codes on them.  
 
(part five of Article 5 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 6. A copy of the license for the export, import of di sks for laser reading systems, matrices, equipment 
or raw material for their production with the documents  submitted to obtain the license, shall be stored 
by the central body of executive power on issues of economy during three years.   
 
(part six of Article 5 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
  IP/N/1/UKR/C/3 
 Page 7 
 
 
Article 6. Control over production, export/import  of disks for laser readi ng systems, matrices 
 
1. Control over the production of disks for laser r eading systems, matrices shall be exercised by the 
central body of executive power in the sphere of intellectual property and other bodies of state power 
within the scope of their respective authorities. 
 
Control over the export/import of disks for laser read ing systems, matrices shall be exercised by the 
central body of executive power on issues of econo my, the central body of executive power in the 
sphere of intellectual property, bodies of the speci ally designated central body of executive power in 
the field of customs affairs and other bodies of st ate power within the scope of their respective 
authorities. 
 State control over the observance of the requirement s of the present Law rega rding the production of 
disks for laser reading systems, matrices shall be exercised by the specially d esignated body on issues 
of licensing, the central body of executive power in the sphere of intellectual property by means of 
carrying out of scheduled and unscheduled inspections in the cases specified by law. 
 State control over the observance of the requirement s of the present Law rega rding the production of 
disks for laser reading systems, matrices shall be  exercised by the central body of executive power on 
issues of economy, the central body of executive power in the sphere of intellectual property, bodies of the specially designated central body of executive pow er in the field of customs affairs by means of 
the provision of monthly monitoring of informati on pertaining to issued licenses and actual volumes 
of shipments of the produce under the licenses fo r the export/import of disks for laser reading 
systems, matrices.  State control over the observance of the legislation in the sphere of intellectual property, including 
that in the sphere of the production, export/import of disks for laser reading syst ems, matrices shall be 
exercised by state inspectors on issues of intellectual property.  State inspectors on issues of intellectual property sha ll be entitled to the right to engage representative 
of the control bodies, specified in paragraph one of part one of this Article, to carry out the 
inspections.  
 
Authorities of state inspectors on issues of intellectua l property and the procedure  for carrying out the 
inspections by them shall be determined by the Cabinet of Ministers of Ukraine. 
 2. Scheduled inspections shall be carried out by th e body that issued the respective license and occur 
no more than one time per year, with serving the pr eliminary (five days in advance) notice to the 
business entity about it.  Unscheduled (unannounced) inspections shall be car ried out without serving the preliminary notice 
with the aim of exercising control over the following:  
availability of the license in the producer of  disks for laser reading systems, matrices; 
 observance of the license conditions, specified in Artic le 4 and part four of Article 5 of the present 
Law;  
fulfilment of instructions to elim inate breaches of the license conditions; 
 stopping of breaches of the license conditions in  a documentary evidence of a breach of these 
conditions is available.    IP/N/1/UKR/C/3 
Page 8  
 
Unscheduled (unannounced) inspections shall be al so carried out without serving the preliminary 
notice in the case of a written complaint by the pe rsons that own the copyri ght and/or related right 
on 
the occasion  of a violation of their rights. 
 
Inspections may be carried out in the presence of th e persons that own the copyright and/or related 
right or representatives of these persons. 
 
3. A business entity shall be entitled to the right to ap peal actions of control bodies to a court of law. 
 
(Article 6 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
Article 7. Rights and obligations of bodies of state control  
 
The central body of executive power in the sphe re of intellectual property shall exercise the 
authorities, vested in it under the present Law a nd the Law of Ukraine ”On Licensing of Certain 
Types of Business Activity”. 
 
In the course of an inspection the central body of  executive power shall be entitled to the right to: 
 have access to licensed premises and to documents w ith the aim of performing of control functions 
and, if a breach is detected, seize the documents rela ted to this breach with the mandatory leaving of 
copies of these documents; 
 
make decisions regarding the elimination of breach es of the license conditions by the producer of 
disks for laser reading systems, matrices and rega rding the temporary termination of the validity of 
the licence;   
(paragraph three of part two of Article 7 as amended according to 
the Law of Ukraine No. 2734-IV of July 6, 2005) 
 examine licensed premises, licensed equipment, as we ll as disks for laser reading systems, matrices in 
the presence of the producer, exporter or importer, re spectfully,   with the aim of the verification the 
observance of the requirements of the present Law by them; 
 
seal and/or seize disks for laser reading systems, matrices that were produced with a breach of the 
requirements of the present Law, the raw materials,  equipment for their production for the period of 
consideration of the issue in a court of law.  
(part two of Article 7 was supplemente d with paragraph five according to 
the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
Article 8. Liability for breach of the present Law 
 
1. The financial sanctions in the form of fines shall be levied onto business entities found to have 
breached the requirements of the present Law, specifically, in the case of:  carrying out business activity on the production of disks for laser reading systems, matrices without the license – 200 per cent of the value of the produ ced production, but not less than 5,000 non-taxable 
minimum incomes of citizens; 
  IP/N/1/UKR/C/3 
 Page 9 
 
 
production of disks for laser reading systems, matr ices without affixation of special identification 
codes – 200 per cent of the value of the produced production, but not less than 3,000 non-taxable minimum incomes of citizens;  production of disks for laser reading systems, matri ces without permission of the persons that own the 
copyright and/or related rights – 200 per cent of the cost of the produced production, but not less than 
3,000 non-taxable minimum incomes of citizens;  export, import of for laser reading systems, matrices without the license available – 200 per cent of the cost of the imported or exported production,  but not less than 3,000 non-taxable minimum 
incomes of citizens; 
 non-observance of the requirements of the present Law pertaining to the provision of the technological capacities for affixation of special id entification codes – 5,000 non-taxable minimum 
incomes of citizens. 
 
(paragraph six of part one of Article 8 as amended according to 
the Law of Ukraine No. 2734-IV of July 6, 2005) 
 The producer and the customer that ordered the respective production shall assume responsibility for 
the correct execution of contracts and utilisation of copyright and/or related rights for the production 
of the produce. 
 2. In the case of repeated breach of the license cond itions for the duration of the license, the financial 
sanctions envisaged by part one of this Article, shal l be levied on the business entity at fault at the 
double rate. 
 
3. Sanctions envisaged by this Article shall be le vied by the central body of executive power in the 
sphere of intellectual property. The fines specified sh all be transferred to the state budget of Ukraine. 
 4. The financial sanctions, levied under this Article , shall be paid within 15 calendar days following 
the date of receipt of the relevant decision by the business entity at issue. 
 
5. Disk for laser reading systems, matrices produ ced, imported or exported in breach of the present 
Law, as well as the equipment and raw materials imported in breach of the present Law, shall be seized until the issue is settled in a court of law.  
6. Earnings resulting from the activities in breach of  the requirements of the present Law, shall be 
withheld judicially and credited to the state budget of Ukraine.  
Article 9. Special measures to stop breaches of  requirements for production, export/import of 
disks for laser reading  systems, matrices 
 
1. In order to stop breaches of the present Law pe rtaining to the production of disks for laser reading 
systems, matrices, the following special measures ma y be undertaken additionally by the central body 
of executive power in the sphere of intellectual property:  (1) restrictions on and temporary prohibition of business entities in the case of its non-compliance 
with the requirements of the present Law; 
 (2) annulment of the license for the production of disk s for laser reading systems, matrices in the case 
of repeated breach of the license conditions, specified  in Article 4 of the present Law. The producer 
may be issued a new license for the respected type of business activity not earlier than five years from IP/N/1/UKR/C/3 
Page 10  
 
the date of making decision about annulment of the previous license by the central body of executive power in the sphere of intellectual property;  (3) temporary termination of the validity of the license for the production of disks for laser reading 
systems, matrices in the case of detection of breach es committed by the producer that refuses to fulfil 
of does not fulfil the instructions of the central body executive power in the sphere of intellectual 
property pertaining to st opping of the breach within one mont h from the day of its detection; 
 (4) sealing and/or seizure of disks for laser readi ng systems, matrices, produced in a breach of the 
present Law, as well as those of the equipment and raw materials that do not comply with the 
requirements set forth in the present Law. 
 2. A license for the production of disks for laser reading systems, matrices shall be considered 
temporarily terminated or annulled from the date of  making of the respective decision by the central 
body of executive power in the sphere of intellectual property.  
 
3. Special measures envisaged by items (1) to (3) of  part one of this Article shall be applied as 
resolved by the central body of executive power  in the sphere of intellectual property.  
 4. Special measures envisaged by item (4) of part one  of this Article shall be applied in the order 
established in Article 9
1 of the present Law.  
 
(Article 9 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 5. In order to stop breaches of the present Law pertaining to the export/import of disks for laser 
reading systems, matrices, equipment and raw materi als for their production or in the case of a change 
in any information, specified in the license for th e export/import of disks for laser reading systems, 
matrices, equipment and raw materials for their produ ction,  the central body of executive power shall 
annul the license and, in order to apply the measures envisaged in part one of this Article, makes the 
relevant request to the central body of executive power in the sphere of intellectual property. 
 
It shall be allowed to obtain a new license for th e export/import of disks for laser reading systems, 
matrices, equipment and raw materials for their production:     within ten working days from the date of written request of a subject of business activity – in the case 
of  a change in any informa tion, specified in the license; 
 
not earlier than in five years from the date of making a decision by the central body of executive power on issues of economy – in the case of a breach of the requirements of the present Law.   In the case of a change in any in formation, specified in the license  for the export/import of disks for 
laser reading systems, matrices, the exporter/importer shall be obliged to get su ch a license reissued in 
accordance with the order, established by the Law of Ukraine “On Licensing of Certain Types of 
Economic Activity.”  6. Any annulment of the license for the export/impor t of disks for laser reading systems, matrices, 
equipment and raw materials for their production shall be notified in writing to the specially 
designated body of executive power in the field of customs affairs.  
 
(Article 9 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
  IP/N/1/UKR/C/3 
 Page 11 
 
 
Article 91. Procedure for seizure of disks for laser reading systems, matrices, equipment and 
raw materials for their production 
 
Seizure of disks for laser reading systems, matrices that were produced in breach of the requirements 
of the present Law, as well as of the equipment an d raw materials for their production that do not 
comply with the requirements set forth in the present Law, envisaged in item (4) of part one of Article 
9 of the present Law, shall be carried out by offi cials of the central body of executive power in the 
sphere of intellectual property with engagement, in the case of necessity, of  representatives of bodies 
of the Ministry for Internal Affairs of Ukraine.    
The whole batch of disks for laser reading syst ems, matrices produced, imported or intended for 
export, equipment and raw materials for their produc tion that do not comply with the requirements of 
the present Law shall be subject to seizure.  
 
A statement of the case shall be drawn up on the basis of results of the seizure, one copy thereof shall 
be issued to the respective busin ess entity, whereas the second copy thereof shall be stored by the 
central body of executive power in the sphere of intellectual property.   The disks for laser reading systems, matrices, th e equipment and raw materials for their production 
that were seized from the respectiv e business entity shall be packed and sealed at the site of the 
seizure. 
 
The disks for laser reading systems, matrices, th e equipment and raw materials for their production 
that were seized may be left with the respective business entity, which in th is case shall bear the 
responsibility for the provision of its reliable storage in detached premises, which shall be sealed by 
an official of the central body of executive pow er in the sphere of intellectual property.  
 
The seizure, packing and transportation of disks fo r laser reading systems, matrices, the equipment 
and raw materials for their production shall be carri ed out at the expense of the business entity from 
which such a seizure was carried out.  
(Article 9
1 as set out in the wording  
of the Law of Ukraine No. 2734-IV of July 6, 2005) 
 
Article 10. Final Provisions 
 
1. The present Law shall come into force in sixt y calendar days from the date of its publication. 
 
Within one calendar month from the date of comi ng into force of the present Law, business entities 
that were registered and were operating prior to the coming into force of the present Law shall carry 
out their activity on the production, export, import of disks for laser reading systems, matrices, the export, import of equipment and raw materials for th eir production in the order, which was in effect 
before the coming into force of the present Law. 
 
2. The following amendments shall be made to legislative acts of Ukraine: 
 (1) Article 16 of the Law of Ukraine ”On Foreign Economic Activity” (959-12; Vidomosti Verkhovnoyi Rady URSR (Official bulletin of th e Verkhovna Rada (Parliament) of the Ukrainian 
Soviet Socialist Republic), 1991, No. 29, p. 377; Vidomosti Verkhovnoyi Rady Ukrayiny (Official 
bulletin of the Verkhovna Rada (Parliament) of Ukra ine), 1999, No. 7, p. 49; 2000, No. 24, p. 186; 
No. 38, p. 318) shall be supplemente d with the part stated as follows: 
 ”The licensing of the export and import of disks for laser reading systems, matrices, equipment and 
raw materials for their production shall be carried out  in accordance with the Law of Ukraine ”On the IP/N/1/UKR/C/3 
Page 12  
 
Specifics of State Regulation of Activities of Bu siness Entities Related to Production, Export, and 
Import of Disks for Laser Reading Systems, Matrices”;  (2) the Code of Ukraine on Administrative Offe nces (Vidomosti Verkhovnoyi Rady URSR, 1984, 
Supplement to No. 51, p. 1122) sha ll be supplemented with Article 164
13 stated as follows: 
 
”Article 16413.  Breach of legislation regul ating production, export, a nd import of disks for laser 
reading systems, matrices, export, import of equipment or raw materials for their production 
 “Breach of legislation regulating the production, expor t, and import of disks for laser reading systems, 
matrices, the import and export of equipment or raw materials for their production shall entail: 
 “levying of the fines in the amount of twenty  to two hundred non-taxable minimum incomes of 
citizens ”;  
in Article 221 and part one of  Article 294, the figures ”164
5 - 16412” shall be replaced with the figures 
”1645 - 16413”; 
 Part one of Article 255 shall be supplem ented with item (10) stated as follows: 
 ”(10) state inspectors on issues of intellectual property (Articles 51
2; 1649; 16413)”; 
 
(3) the Criminal Code of Ukraine sh all be supplemented with Article 2031 stated as follows: 
 
“Article 2031. Breach of legislation regulating production, export, and import of disks for laser 
reading systems, matrices, export, import of equipment or raw materials for their production 
 
”Breach of legislation regulating the production, expor t, and import of disks for laser reading systems, 
matrices, the import and export of e quipment or raw materials for thei r production, if such actions are 
committed on a grand scale shall entail a restraint of for the term of up to five years.  ”Note: A grand scale shall be understood as the value of disks for laser reading systems, matrices, 
equipment and raw materials for their production that exceeds the non-taxable minimum incomes of 
citizens by 3,000 times and more”;  (4) part two of Article 112 of the Criminal Proced ural Code of Ukraine after the words and figures 
”with part two of Article 203” shall be supplemen ted with the words and figures ”[and with] Article 
203
1"; 
 (5) in the Law of Ukraine ”On Licensing of Certain Types of Economic Activity” (Vidomosti 
Verkhovnoyi Rady Ukrayiny, 2000, No. 36, p. 299; No. 45, p. 377; 2001, No. 11, p. 45; No. 16, p. 76; 
No. 22, p. 105; No. 49, p. 259), as amended accordi ng to the Law of Ukraine of 04.10.2001 No. 2745-
III and No. 2759-III),  
 
part one, of Article 5 shall be supplemen ted with the paragraph stated as follows: 
 “carries out control over the availability of the license”;  
Article 9 shall be amended with items  (62) and (63) stated as follows: 
 ”(62) the production of disk for laser reading systems, matrices;  (63) the export, import of equipment and disks for laser reading systems, matrices”; 
  IP/N/1/UKR/C/3 
 Page 13 
 
 
part three of Article 13 shall be supplemen ted with the paragraph stated as follows: 
 ”the availability of the supplement (specifying the number of pages)”;  Article 20, after part 6, shall be supplem ented with the new part stated as follows: 
 
”Control over the availability of licenses in busine ss entities shall be exercised by the specially 
designated body on issues of  licensing and other bodi es of executive power within the scope of their 
respective authorities by means of carrying out of scheduled and unscheduled inspections”. 
 
in connection with this, parts seven to fourteen shall be considered as parts eight to  fifteen, 
respectfully;  part one of Article 21 shall be supplemen ted with the paragraph stated as follows: 
 
”the statement attesting to the licensee's refusal of an inspection by the central body of executive 
power in the sphere of intellectual property or by the specially designated body on issues of 
licensing”;  (6) part one of Article 8 of the Law of Ukraine ”On the Compulsory Copy of Documents” (Vidomosti 
Verkhovnoyi Rady Ukrayiny, 1999, No. 22-23, p. 199) , shall be supplemented with item (8) stated as 
follows: 
 "(8) two compulsory free copies of each of produced  disks for laser reading systems and matrices with 
information recorded thereon for the specia lly designated body on issues of licensing ". 
 
3. The Cabinet of Ministers of Ukraine shall, with in sixty days from the date of publication of the 
present Law:  – work out the procedure for turnover of disks for laser reading systems, matrices that were produced 
or imported before the coming into force of the present Law;  
– ensure the enactment legal and regulatory acts, envisaged by the present Law; 
 within two months from the date of approval of the present Law: 
 – bring its  legal and regulatory acts in to conformity with the present Law; 
 
– ensure bringing of legal and regulatory acts of central bodies of executive power  into conformity with the present Law;  – submit the Draft Bill regarding bringing Laws of Ukraine into conformity with the present Law for 
consideration of the Verkhovna Rada of Ukraine. 
 
  
The President of Ukraine     Leonid Kuchma  
 
The city of Kyiv, January 17, 2002 
No. 2953-III 
 
    
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