WORLD TRADE  
ORGANIZATION  IP/C/W/530 
24 February 2009 
 
 (09-0956) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Responses to questions posed by Switzerland  
 
UKRAINE 
 
  By means of a communication from the Delegation of Ukraine, dated 17 February 2009, the Secretariat has received the following responses to qu estions posed by Switzerland, as circulated in 
document IP/C/W/528. 
 
_______________ 
 
 
I. GENERAL 
1. Please indicate whether the provisions of the TRIPS Agreement, as far as not 
implemented by national legislation into the Uk rainian legal system, are self-executing in your 
legal system. 
In accordance with Article 9 of the Constitution of Ukraine, current international treaties, 
whose binding nature has been approved by the Ver khovna Rada, shall be part  of national legislation 
of Ukraine.   
 There are similar provisions in special legislation of Ukraine on intellectual property.  In accordance with Article 4 of the Law of Ukraine "On Protecting Rights to Inventions and 
Useful Models", if an international treaty of Ukra ine stipulates other rules than those stipulated by 
Ukrainian legislation on inventions (useful models), the rules shall be applied of the international 
treaty, whose binding nature has been approved by the Verkhovna Rada.   
 In accordance with Article 3 of the Law of Uk raine "On Protecting Industrial Design Rights", 
if an international treaty of Ukraine stipulates othe r rules than those stipulated by legislation of 
Ukraine on industrial designs, the rules of the international treaty shall apply.   
 In accordance with Article 3 of the Law of Ukraine "On Protecting Rights to Trade and 
Service Marks", if an international treaty of Ukrain e stipulates other rules than those stipulated by 
legislation of Ukraine on marks, the rules of the international treaty shall apply. 
 
In accordance with Article 4 of the Law of Uk raine "On Protecting Rights to Designations of 
Origin of Goods", if an international treaty of Ukraine, whose binding nature has been approved by 
the Verkhovna Rada, stipulates other rules than tho se stipulated by this Law, the rules of the 
international treaty shall apply. IP/C/W/530 
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  Therefore, the provisions of the TRIPS Agreemen t have a direct effect and do not require any 
obligatory inclusion in acts of national legislation. 
 
II. PATENTS 
2. Please explain whether your legislation grants  patent protection for inventions relating 
to products and processes in all fields of techno logy.  Are there any exceptions?  If so, please 
explain these exceptions and how they comply  with Article 27 of the TRIPS Agreement. 
 Yes, it does. 
 
In accordance with Article 1 of the Law of Ukraine "On Protecting Rights to Inventions and 
Useful Models" (the "Law"), an invention (a useful  model) is a result of intellectual activity of a 
human being in any field of technology. 
 In accordance with part one of Article 6 of the Law, legal protection sh all be granted for an 
invention (a useful model) that does not violate public order, principles of humanity and moral and meets the requirements for patentability.   
 
In accordance with part two of Article 6 of the Law, the object of invention (useful model) 
covered by legal protection in accordance with this Law may be: 
 
- a product (a device, a substance, a strain  of microorganism, a culture of cells 
and plants, etc.); 
- a process (method) as well as a new application of a known product or 
process. 
Yes, there are exceptions. 
 In accordance with part 3 of Article 6 of the Law, legal protection in accordance with the Law 
does not cover the following objects of technology: 
 
- cultivars and animal breeds; 
- basically biological processes of reproducing plants and animals that are not 
included in non-biological or microbiological processes; 
- topographies of integral microcircuits; 
- results of artistic construction. 
 Besides, legal protection is not granted for an invention (a useful model) violating the public 
order, principles of humanity and moral (part one of Article 6 of the Law). 
  All above-cited provisions on exceptions comply with the provisions of Article 27-2 and 27-3 
of the TRIPS Agreement. 
 
However, the Law of Ukraine "On Protecting Ri ghts to Cultivars" envisions the issuance in 
Ukraine of patents to cultivars, which also co mplies with the provisions of 27-3 of the TRIPS 
Agreement:  "a patent shall be a protection documen t certifying a priority and an intellectual property 
right to a cultivar" (Article 1 of the Law of  Ukraine "On Protecting Rights to Cultivars").  IP/C/W/530 
 Page 3 
 
 
  3. Does your legislation, in accordance to Article 27.1 read together with Article 31 of the 
TRIPS Agreement, consider importation as "working" a patent and therefore preclude 
compulsory licensing, if a product is being imported? 
In accordance with part two of Article 28 of the Law, the use of an invention shall be 
recognized, in particular, an importation (bringing in) of the product. 
 
In accordance with part one of Article 30 of the Law, if an invention (a useful model), except 
for a secret invention (useful model), is not used or  is insufficiently used in Ukraine during three years 
starting the date of publishing information about issui ng a patent or the date when using the invention 
(the useful model) was disconti nued, any person who is willing and ready to use the invention (the 
useful model), if the right holder refuses entering into a license agreement, may apply to court for a 
permit to use the invention (the useful model). 
  If the patent holder does not prove that the fact of not using the invention (the useful model) 
occurred for a good reason, the court shall resolve on granting a permit to the interested person to use 
the invention (the useful model) specifying the scope of its use, the term of the permit, the amount of 
and procedure for paying the fee to the patent holde r.  The patent holder shall have an unrestricted 
right to grant permits to use the invention (the useful model).   
 Therefore, in accordance with legislation of Ukraine, an importation of the product shall be 
recognized as the use of an invention, while a cour t may resolve on granting a permit to the interested 
person to use the invention (the useful model), if the court recognizes such use by the patent holder 
insufficient.   
 
4. Does your legislation make the granting of  a compulsory license subject to all the 
conditions enumerated in Article 31 TRIPS of the TRIPS Agreement?  Please cite the relevant 
provisions of law. 
The provisions on granting compulsory licenses are stipulated by paragraphs 1-3 of Article 30 
of the Law of Ukraine "On Protecting Rights to Inve ntions and Useful Models ".  The said paragraphs 
take into account all conditions specified in Article  31 of the TRIPS Agreem ent, except for paragraph 
(l)(iii) of this Article.  Paragraphs 1- 3 of Article 30 of the Law stipulate: 
 
(a) If an invention (a useful model), except fo r a secret invention (useful model), is not 
used or is insufficiently used in Ukrain e during three years starting the date of 
publishing information about issuing a patent  or the date when using the invention 
(the useful model) was discontinued, any person who is willing and ready to use the 
invention (the useful model), if the ri ght holder refuses entering into a license 
agreement, may apply to court for a permit to  use the invention (the useful model).  If 
the patent holder does not prove that the fact of not using the invention (the useful model) occurred for a good reason, the court shall resolve on granting a permit to the interested person to use the invention (the useful model) specifying the scope of its use, the term of the permit, the amount of and procedure for paying the fee to the patent holder.  The patent holder shall have  an unrestricted right to grant permits to 
use the invention (the useful model).   
(b) The patent holder shall grant a permit (issue a license) to use the invention (the useful 
model) to the holder of a later-issued patent, if the latter’s invention (useful model) is 
intended to achieve a different purpose or  has significant technical and economic 
advantages and cannot be used without viol ating rights of the holder of the earlier-
issued patent.  The permit shall have the scope necessary for the holder of the later-
issued patent to use the invention (the useful model).  The holder of the earlier-issued IP/C/W/530 
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  patent shall be entitled to obtain a license upon acceptable terms to use the invention 
(the useful model) protected by the later-issued patent.   
(c) To ensure the health of the population, the environmental safety and other interests of 
the society, the Cabinet of Ministers of Ukraine may allow the person it determines to 
use a patented invention (useful model) wit hout the consent of the patent (declaration 
patent) holder, if it refuses to issue a license to use the invention (the useful model) 
without a justification.  The following shall apply: 
(i) the permit for such use shall be issu ed based on specific circumstances; 
(ii) the scope and duration of such use shall be specified as the purpose of the 
permit and, in the case of semi-conductor technology, it must be only non-
commercial use by state authorities or correction of an anticompetitive 
practice pursuant to a decision of the relevant state authority; 
(iii) a permit for such use shall not deprive th e patent holder of the right to issue 
permits to use the invention (the useful model); 
(iv) the right of such use shall not be transf erred, except for the case where it is 
being transferred together with a part of an enterprise or a business practice in 
which such use occurs;   
(v) the use shall be permitted mostly to ensure the needs of the domestic market; 
(vi) the issuance of a permit to use the invention (the useful model) shall be 
notified to the patent holder as soon as is practically possible; 
(vii) the use permit shall be revoked, if th e circumstances that necessitated its 
issuance cease to exist; 
(viii) the patent holder shall be paid an adequate compensati on in accordance with 
the economic value of the invention (the useful model).   
The decision of the Cabinet of Minister s of Ukraine to issue a permit to use 
the invention (the useful model), the te rm and conditions of its issuance, the 
revocation of the use permit, the amount of and procedure for paying a fee to 
the patent holder may be challenged in court.   
5. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law. 
Yes, it does. 
 
In accordance with part two of Article 28 of the Law of Ukraine "On Protecting Rights to 
Inventions and Useful Models", a product is considered manufactur ed using a patented invention 
(useful model), if every feature is used that is included in the claim or an equivalent feature. 
  The process protected by the patent is considered  applied, if every sufficient feature included 
in the claim or the feature equivalent to such is applied.   
  IP/C/W/530 
 Page 5 
 
 
  Any product, whose manufacturing process is prot ected by the patent, in the absence of proof 
to the contrary, shall be considered as manufactured  using this process, provided at least one of the 
two conditions is met:  
 
- the product manufactured using the process protected by the patent is new; 
- there are grounds to believe that the said product has been manufactured 
using this process and the patent hol der cannot, by applying an acceptable 
level of effort, determine what proc ess was used in manufacturing this 
product.   
In such case, the burden of proving the fact that the manufacturing process of the product 
identical to that manufactured using the process pr otected by the patent is different from the latter 
shall be on the person, in whose regard there are suff icient grounds to believe that he/ she violates the 
rights of the patent holder.   
 
III. GEOGRAPHICAL INDICATIONS 
6. Please explain whether in your legislation, a geographical indication and a prior 
trademark can coexist, under certain circumstan ces and provided that such exceptions take 
account of the legitimate interests of the owner of the trademark and of third parties (in accordance with Article 17 of the TRIPS Agreem ent as a limited exception to the rights 
conferred by trademarks).   
Such co-existence is possible, if a trademark containing a geographical indication as its 
element had been earlier registered in the name  of the person entitled to use such geographical 
indication.  This follows from the provisions of passag e five of paragraph 3 of Article 6 of the Law of 
Ukraine "On Protecting Rights to Trade and Service Marks". 
 "Article 6.  Grounds for refusi ng to grant legal protection. 
 
3.  Pursuant to this Law, not subject to legal protection shall be designations that are identical 
or similar to such an extent that they may be confused with: 
 Qualified designations of the origin of goods (including spirits and alcoholic beverages) 
protected pursuant to the Law of Ukraine "On Protecti ng Rights to Designations of Origin of Goods".  
Such designations may be only unprotected elements of marks of persons entitled to use the said 
designations".  
 Taking into account legitimate interests of tr ademark owners and thir d parties having earlier 
rights is stipulated by paragraph 6 of Article 16 of  the Law of Ukraine "On Protecting Rights to Trade 
and Service Marks".  
 "Article 16.  Rights attached to the certificate.  6.  The exclusive right of the certificate hol der to prohibit other persons from using the 
registered mark without his consent shall not cover:  
 
the exercise of any right vested before the date  of filing an application or, if a priority has 
been claimed, before the date of the priority of the application". 
 In the sense of Article 17 of the TRIPS Agre ement regarding exceptions from rights conferred 
by a trademark such as honest use of descriptive te rms, provided such exceptions take account of the IP/C/W/530 
Page 6  
 
  legitimate interests of the trademark owner and th ird parties, the Law of Ukraine "On Protecting 
Rights to Trade and Service Marks" contains prov isions of passages four and eight of Article 6 
granting both the owner of the trademark and third parties the possibility of such use of descriptive 
terms (in particular, those indicating the geographi cal origin of the goods (services)) as unprotected 
elements of the mark.   
 
"Article 6.  Grounds for refusi ng to grant legal protection. 
 2.  Pursuant to this Law, not subject to le gal protection shall also be designations that:  
 
include only designations or data that are desc riptive if used with regard to the goods and 
services specified in the application or in connectio n with those, in particular, indicating the type, 
quality, composition, quantity, characteristics, functi on, value of goods and services, place and time of 
manufacturing or selling goods or providing services;    
 
Designations specified in passages two, three, four, six and seven of this paragraph may be 
included in the mark as unprotected  elements, if they do not occupy  a dominating position in the mark 
image".  
Besides, the co-existence of trademarks and geographical indications are regulated by 
provisions of paragraph f) of part  one of Article 8 of the Law of Ukraine "On Protecting Rights to 
Designations of Origin of Goods": 
 
"Article 8.  Grounds for refusing to grant le gal protection for a qualified designation of the 
origin of goods.  
 1.  This Law shall not grant legal protection fo r a qualified designation of the origin of goods 
that is: 
 f) identical or similar to such an extent that th ey may be confused with a trade a service mark, 
rights to which are recognized in Ukraine if, given the reputation, notability and lengthy use of this 
mark, such legal protection may cause confusion of  consumers as to the identity of the goods".  
 
IV. UNDISCLOSED INFORMATION 
7. Please explain in detail if your legislation en sures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorization of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market au thorization for his own product.  Does your 
legislation provide for exceptions to this?  If  so, please explain under what conditions would 
such exceptions apply?  Does your legislation prov ide for a specific term of protection for such 
undisclosed test data? 
Yes, it does.   
 
Part one of Article 507 of the Civil Code of Ukraine stipulates that state authorities shall 
protect information against unfair commercial us e, which is a commercial secret, which creation 
requires significant effort and which has been submitted  to them with the view to obtaining a permit 
established by law to carry out an activity relate d to pharmaceutical, agricultural and chemical 
products containing new chemical compositions.  Th is information shall be protected by state 
authorities also against disclosure, except for cases  where such disclosure is required to protect the 
population or no measures to protect it against unfair commercial use have been taken.    IP/C/W/530 
 Page 7 
 
 
   
For state registration of medicines based on or related to intellectual property objects patented 
in accordance with laws of Ukrain e, the applicant shall submit a copy of the patent or license allowing 
the production and sale of a registered medicine.  A pplicants shall submit a letter stating that third 
party rights protected by the patent are not viol ated in connection with the registration of the 
medicine.   
 In accordance with Article 9 of the Law of Ukra ine "On Medicines", information contained in 
the application for state registration of a medi cine and annexes thereto (the "registration 
information"), in accordance with the provisions of this Law and other normative acts of Ukraine shall 
be subject to state protection against disclosure and un fair commercial use.  The Ministry of Health of 
Ukraine or its authorized bodies must protect such  information against disclosure and prevent unfair 
commercial use of such information.   
 Article 9 of the Law of Ukraine "On Medicines" also stipulates that if a medicine has been 
registered in Ukraine, it shall be prohibited to u se registration information during five years from the 
date of such registration (irrespective of the term of  validity of any patent relating to the medicine) to 
submit an application for state registration of a nother medicine, except for cases where the right to 
refer to or use such information has been obtaine d in accordance with the established procedure.   
 Yes, there are exceptions. 
 
In accordance with part one of Article 507 of the Civil Code of Ukraine, information shall be 
protected by state authorities against disclosure, ex cept for cases where such disclosure is required to 
protect the population or no measures to protect it against unfair commercial use have been taken. 
 
Besides, if a medicine has been registered in Ukraine, it shall be prohibited to use registration 
information during five years from the date of such registration (irrespective of the term of validity of 
any patent relating to the medicine) to submit an a pplication for state registration of another medicine, 
except for cases where the right to refer to or u se such information has been obtained in accordance 
with the established procedure (Article 9 of the Law of Ukraine "On Medicines"). 
 
Article 16
1 of the Law of Ukraine "On Pesticides and Agrichemicals" stipulates that 
organizing a state testing of pesticides and agrichem icals, forming and approving the plan to conduct 
it are the responsibility of the specifically authori zed central executive body on protecting the natural 
environment in the field of activity related to pesticides and agrichemicals.   
 
In accordance with the Law of Ukraine "On Pesticides and Agrichemicals" and other 
normative acts, information contained in the applica tion for state registration of a preparation and in 
the materials (dossier) shall be subject to state protection against disclosure and unfair commercial use. 
In case of state registration of pesticides or ag richemicals in Ukraine, it shall be prohibited 
during ten years from the date of such registrati on to use information contained in the documents 
(dossier) concerning safe use of th ese pesticides and agrichemicals without permission of the business 
entity, upon whose application the stat e registration has been effected.   
 During ten years from the date of state registration of a preparation (irrespective of the term 
of validity of any patent relating to the prepara tion), it shall be prohibited to use information 
concerning its safe use to file an application for st ate registration of another preparation, except for 
cases, where the right to refer to or otherwise use such information has been obtained in accordance 
with the procedure established by law from the pers on or organization that submitted the information, 
or the information has been prepar ed by or for the applicant.   
 IP/C/W/530 
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  Persons guilty of disclosing or illegitimately usi ng registration information shall be subject to 
disciplinary, administrative, civil and/ or criminal  responsibility in accordance with laws of Ukraine. 
 Government policies in the field of activity related to pesticides and agrichemicals are 
implemented by the Cabinet of Ministers of Ukra ine, the specifically auth orized central executive 
body on protecting the natural environment, the sp ecifically authorized central executive body on 
agrarian policy, the specifically authorized central executive body on health care and other executive 
bodies within the scope of their authority.   
 State testing of preparations shall be carri ed out in science research institutions and 
organizations accredited with the Ministry for Prot ecting the Natural Environment of Ukraine, in 
which connection we believe it advisa ble to apply to this Ministry (the Ministry for Protecting the 
Natural Environment of Ukraine) for more deta iled information including that concerning the 
exceptions.   
 
V. PROVISIONAL MEASURES 
8. Provided an application for provisional measures meets all conditions of Article 151 of 
the Code of Civil Proceedings of Ukraine, do es your legislation provide for any (substantive) 
restrictions for obtaining provisional measures?  If so, what are these restrictions?  Please cite 
the relevant provisions of law. 
Legislation of Ukraine in the field of copyright and allied rights does not stipulate any 
restrictions for obtaining provisional measures. 
 
9. Does your legislation provide for special provi sional measures – beside those described 
under Article 152 of the Code of Civil Proceedin gs of Ukraine – specifically targeting the 
combating of counterfeiting and piracy.  Please describe the procedures that must be followed 
and cite the relevant provisions of law. 
When applying special provisional measures, besi des those described under Article 152 of the 
Code of Civil Proceedings of Ukraine specifica lly targeting the combating of counterfeiting and 
piracy, provisions of Article 53 of the Law of Uk raine "On Copyright and Allied Rights" are taken 
into account.   
 Pursuant to this Article of the Law, the pr ocedure for applying provisional measures is the 
following.   
 Before a determination of the merits of a le gal case, the judge has the right to enter an 
injunction against committing certain acts by the de fendant, who violated copyright and allied rights, 
till court’s judgment is entered.  Such acts incl ude:  producing, reproduci ng, selling, renting out, 
hiring out, bringing into the customs territory of Ukra ine and other use stipulated by this Law as well 
as transporting, storing or possessing with the view to  introducing into civil circulation the copies of 
works including software and databases as well as re corded performances, soundtracks, videograms, 
radio programs assumed to be counterfeit, and methods  of avoiding technical means of protection.   
 
If sufficient information is available about committing a violation entailing criminal 
responsibility in accordance with law, an inquest or  investigation body or a court of law must take 
measures to locate and attach the following: 
  IP/C/W/530 
 Page 9 
 
 
  (a) copies of works (including computer software and databases), recorded performances, 
soundtracks, videograms, radio programs assumed to be counterfeit, as well as 
methods of avoiding technical means of protection; 
(b) materials and equipment intended fo r their production and reproduction; 
(c) documents, accounts and other objects that may be proof that illegal acts were 
committed. 
If the defendant blocks access to the necessary information, creates obstacles to judicial 
proceedings or if there is an obvious risk that ev idence will be destroyed, a court or a judge acting 
alone have the right, upon plaintiff’s application, to apply provisional measures till a lawsuit is filed 
or before consideration of the case begins atte nded by the other party (defendant) through: 
 
(a) rendering a decision to inspect the premises, in which acts related to violating 
copyright and allied rights are assumed to occur; 
(b) attaching and seizing all copies of works (including computer software and 
databases), recorded performances, s oundtracks, videograms, radio programs 
assumed to be counterfeit, as well as me thods of avoiding technical means of 
protection, also materials and equipment used for their production and reproduction; 
(c) attaching and seizing accounts and other documen ts that may be evidence of acts that 
violate or pose a threat of violating copyright and allied rights. 
An application for applying provisional measures is considered with the participation of the 
applicant within two days of its filing.  A court decision to apply a provisional measure is subject to 
immediate execution by a body of the state executive service with the participation of the applicant. 
 Before rendering a decision to apply provisional measures, the court has the right to require 
the applicant to justify their being an object of co pyright and allied rights as well as decide that the 
applicant must stand bail or provide an equiva lent guarantee sufficient to prevent abuse of the 
provisional measure. 
 Bail may be satisfied by the deposit in court of cash or other pecuniary values by the applicant 
or other persons.  The amount of bail (guarantee) is  determined by court with due regard to the 
circumstances of the case but it must not be lower than 100 minimum non-taxable incomes of citizens 
or higher than the amount of claimed damages.   
 
In case of applying provisional measures, th e defendant has the right to demand their 
changing or revoking and the applicant is obliged to file a lawsuit for protecting the violated rights no later than 15 calendar days after a pplying the provisional measure.   
 
The full amount of bail is returned to the applican t, if the court rejects the lawsuit or satisfies, 
or partially satisfies the lawsuit demands.  Otherwise,  bail is used to reimburse for defendant’s losses 
caused by the application of the provisional measures.   
 
VI. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 
10. Please indicate the authorities responsible for the application of the measures provided 
by your legislation to combat counterfeiting and piracy.   
(a) Ministry of Interior of Ukraine; IP/C/W/530 
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  (b) General Prosecutor’s Office of Ukraine; 
(c) State Customs Service of Ukraine. 
11. Please describe the measures provided by your legislation to combat counterfeiting and 
piracy at the border.  Please explain in what customs situations the competent authorities are 
empowered to suspend goods at th e border suspected of infringing intellectual property rights.  
Please explain whether the competent authorities are empowered to act ex officio  or only at the 
request of a right holder.  Please cite the relevant provisions of law. 
The question “regarding measures provided  by Ukrainian legislation to combat 
counterfeiting and piracy at the border.”  
 Normative acts in the field of protecting intellectual property rights at the customs border of 
Ukraine include: 
 
- Customs Code of Ukraine (Chapter X “Promoting the Protection of 
Intellectual Property Rights When Movi ng Goods across the Customs Border 
of Ukraine”); 
- Decree of the Cabinet of Ministers of Ukraine of 13 April 2007 No. 622 
“Issues of registering objects of intellectual property rights in the customs registry, obtaining information and interaction among customs bodies, other law enforcement bodies, regulators and holders of rights to objects of intellectual property in case of suspending customs clearance of the goods on 
the initiative of a customs body” (the "Procedure");    
- Order of the State Customs Service of Ukraine of 20 June 2007 No. 520 "On 
Approving the Procedure for Standing Bail or Providing an Equivalent Guarantee to Reimburse for Costs Related to Actions by Customs Bodies of Ukraine to Promote the Protection of In tellectual Property Rights" (registered 
with the Ministry of Justice of Ukraine on 12 July 2007 No. 799/14066). 
Work of the customs bodies to prevent moving counterfeit products across the customs border 
is based on these normative acts.   
 In accordance with the said procedure a right  holder having grounds to believe that their 
intellectual property rights are violated when moving goods across the customs border of Ukraine 
may apply to the State Customs Service of Ukrain e as to promoting the protection of intellectual 
property rights during customs control and customs clearance of the goods containing objects of intellectual property right.   
 To this effect, they should file an applicati on in the established form with the State Customs 
Service of Ukraine, an excerpt from the relevant registry on registering the intellectual property right 
in Ukraine and other documents stipulated  by paragraph 5 of the Procedure.   
 The application must contain information about  the right holder, the object of intellectual 
property right, the good (goods) containing such object,  the manufacturers, exporters and importers of 
the original good and, if available, informati on is included about coun terfeit goods and persons 
moving those across the customs border of Ukraine.   
  IP/C/W/530 
 Page 11 
 
 
  Based on a review of the submitted documents, the State Customs Service shall approve the 
decision to include the object of intellectual property right in the customs registry or refusing to include the object of intellectual property right in the customs registry with justification. 
 If, during customs clearance, goods should be id entified that are suspected to be counterfeit, 
customs bodies shall suspend customs clearance of such goods for 15 calendar days.  The fact of 
suspending customs clearance of the goods is notified to the applicant, the right holder and the State 
Customs Service during one day.  The term of su spending customs clearance of the goods may be 
prolonged due to objective reasons for another 15 calendar days.   
 
During the term of suspending customs clearance of the goods, the right holder must apply to 
court to ensure the protection of intellectual property rights.   
 To enforce the requirements of Articles 257, 257
1 of the Customs Code of Ukraine of 
13 April 2007 No. 622, the State Customs Service issued Order of 20 June 2007 No. 520.  The said 
Order of the State Customs Service approves th e procedure for standing bail or providing an 
equivalent guarantee to reimburse for costs related to actions by customs bodies of Ukraine to 
promote the protection of intellectual property righ ts, determines the guarantee types, the guarantee 
amounts, the procedure for paying and returning cash  bail and accounting for monetary bail cash flow 
as well as the procedure for bank’s issuing a financial guarantee.   
 The question “in what customs situations th e competent customs authorities are empowered 
to suspend goods at the border suspected of  infringing intellectual property rights.”  
 
Measures related to suspending customs clear ance of goods upon suspicion of infringing 
intellectual property rights are applied by the cu stoms authorities in accordance with Articles 257 and 
2571 of the Customs Code of Ukraine. 
 
The question “whether the competent authorities are empowered to act ex officio or only at 
the request of a right holder.  Please cite the relevant provisions of law .”  
 
In accordance with Article 256 of the Customs Code of Ukraine, a person who holds property 
rights to an object of intellectual property right in  accordance with legislation of Ukraine and who has 
grounds to believe that, during the moving of goods  across the customs border of Ukraine their rights 
to an object of intellectual property right are or ma y be violated, is entitled to submit an application to 
the specifically authorized central executive author ity in the field of customs for promoting the 
protection of their property rights to an object of intellectual property by including relevant 
information in the customs registry of objects of intellectual property right.   
 After registering the object in the customs registry of objects of intellectual property right, 
customs bodies take measures based on information in  such registry to prevent moving counterfeit 
goods across the customs border of Ukraine that ma y contain objects of copyright and allied rights, 
rights to trademarks, industrial design and geogra phical indications protected by legislation of 
Ukraine. 
 In accordance with Article 257
1 of the Customs Code of Ukraine, customs bodies are 
empowered to suspend customs cleara nce of goods on their own initiative  in case of moving goods 
across the customs border of Ukraine, concerning wh ich no application has been submitted to promote 
the protection of intellectual property rights but there are sufficient grounds to believe that during 
their moving the right to an object of intellectual property right may be violated (acting ex officio ).  
The customs body takes measures on its own initia tive to suspend customs clearance of goods 
containing objects of intellectual property right, onl y if there is information about the person holding 
property rights to such objects of intellectual prope rty right in accordance with legislation of Ukraine. IP/C/W/530 
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12. Please describe any new initiatives that a re planned to improve the enforcement of 
intellectual property rights in your country, part icularly initiatives to combat counterfeiting 
and piracy.  Is there a particular action plan in place? 
Response from State Department of Intellectual Property (Ministry of Education and Science 
of Ukraine):  
 To enhance the protection of intellectual property rights, in particular, to combat 
counterfeiting and piracy, further improvement of the relevant normative base is planned in terms of 
taking into consideration Council Regulations (E C), namely, Council Regulation (EC) No. 1383/2003 
of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual 
property rights and the measures to be taken ag ainst goods found to have infringed such rights, 
Commission Regulation (EC) No. 1367/95 of 16 June 1995 laying down provisions for the implementation of Council Regulati on (EC) No. 3295/94 laying down measures to prohibit the release 
for free circulation, export, re- export or entry fo r a suspensive procedure of counterfeit and pirated 
goods, Commission Regulation (EC) No. 2549/1999 of 2 December 1999 amending Regulation (EC) 
No. 1367/95 laying down provisions for the implem entation of Council Regulation (EC) No. 3295/94 
laying down measures to prohibit the release for fr ee circulation, export, re-export or entry for a 
suspensive procedure of count erfeit and pirated goods.   
 Response from State Custom Service of Ukraine: 
 
 
In the plan of activities of the State Custom s Service for 2009, a more intense work is 
envisioned to prevent moving counterfeit goods acro ss the customs border of Ukraine through a more 
active interaction with units of territorial bodies of the Ministry of Interior, the Security Service, the State Tax Administration of Ukraine, regional representatives of the State Department of Intellectual 
Property at the Ministry of Education and Science of  Ukraine with the view to obtaining information 
about subjects of foreign economic activity con ducting questionable forei gn economic operations as 
regards infringing intellectual property rights.   
 Given the experience of customs bodies of EU member-counties and to simplify the 
procedure for registering objects of intellectual property right in the customs registry, the State 
Customs Service has prepared a proposal to abolish monetary bail. 
 Response from Ministry of Interior of Ukraine:
 
 The Ministry of internal affairs of Ukraine takes measures on system basis directed on 
prevention and exposure of offences in the field of intellectual property and works on creation and 
perfection of necessary legislative b ase to counteract such occurrences. 
 The basic attention is paid to the counteracti on of duplicating and distribution of counterfeit 
audiovisual production in territory of the state, first of all to the disks for laser reading systems, the 
counterfeit computer software, and also to exposure of the facts of manufacture and distribution of 
counterfeit production with illegal use of trade mark s of known domestic and foreign manufacturers. 
 As a result of the actions which have been taken during 2008 it is revealed 985 crimes 
connected with infringement of intellectual propert y rights, including 435 – directly connected with 
the facts of infringement of the copyright and related rights, 496 – on the facts of the illegal 
distribution of disks for laser reading systems, 42 – on the facts of illegal use of signs for the goods 
and services.  Criminal cases on 688 crimes have been  finished by investigation and sent to a court 
with the bill of particulars. 
  IP/C/W/530 
 Page 13 
 
 
  5198 administrative offences on the facts of infri ngement of intellectual property rights and 
illegal distribution of audio- and videotapes and compact discs are revealed.  It is withdrawn 
1 million 88 thousand copies of audiovisual produc tion from the offenders for a total sum above 
19 million 400 thousand UAH and coun terfeit production with illegal use of trade marks by total cost 
7,7 million UAH. 
 
The activity of 91 underground workshops wh ere were produced various counterfeit products 
is halted, including 48 – on the production of "pirat e" audiovisual goods and 43 – on the production of 
the counterfeit goods with  illegal use of signs for commodities and services. 
 
So, there was exposed organized criminal gr oup of eight persons in the Dnepropetrovsk 
region, by whom an activity of underground work shop on duplicating and sales of counterfeit DVD-
disks have been organized.  33 thousand counte rfeit DVD-disks were withdrawn from offenders.  
Criminal case on Article 203-1 of the Criminal code of Ukraine is finished by investigation and sent 
to the court with the bill of particulars.  Accordin g to the results of infringement investigation of this 
case in July 2008 by Lenin district court of town  of Dnepropetrovsk three persons were returned 
guilty in accordance with Article 28 and 203-1 of the Criminal code of Ukraine, and were imposed a 
penalty in the form of three years of impr isonment with a probation period of two years. 
 In Autonomous Republic of Crimea there was stopped illegal activity of  group of persons 
who have organized activity of underground workshop on production of the counterfeit coffee.  There 
were withdrawn from offenders more than 1,4 mill ion packages of the forged coffee, labels, the 
equipment and other materials for its manufacturi ng for a total sum above 2 million UAH.  Criminal 
case in accordance with Article 229 of the Criminal code of Ukraine is raised. 
 Taking into consideration the criminogenic situa tion which has developed in the sphere of the 
public broadcast of music works, the Ministry of In ternal Affairs of Ukraine, with attraction of the 
state inspectors on protection of intellectual proper ty rights issues of the State department of 
intellectual property of the Ministry of Education and Science of Ukraine, constantly carries out a 
complex of the actions directed on exposure and the termination of the facts of use of music works, 
performances and phonograms by business entities with infringement of copyright and related rights 
during realization of enterprise activity, particularly  without payment of appropriate reward (royalty). 
  
The Ministry of Internal Affairs interrelated  with representatives of the organizations of 
collective management concerning definition of business entities who provide the public broadcast 
and performance of products without the permissi on of legal owners or their representatives.   
 
As a result there were checked over 400 users (the  cafes, bars, restaurants, etc.), 270 offenders 
were instituted to the administrative proceedings in accordance with Article 51-2 of the Code of 
Ukraine on administrative offences, two criminal su its were filed in accordance with Article 176 of 
Criminal Code of Ukraine.   
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