WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/L/1 
11 August 2008 
 (08-3790) 
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 
Topographies of Integrated Circuits, adopted on 5 November 1997, as last amended on 22 May 2002, 
as notified by Ukraine under Article 63.2 of the Agreement (see document IP/N/1/UKR/1). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
UKRAINE 
 
 Le présent document contient le texte1 de la Loi sur la protection des droits relatifs à la 
topographie des circuits intégrés adoptée le 5 novemb re 1997, telle que modifiée en dernier lieu le 
22 mai 2002, 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 relativa a la protección de los 
derechos sobre topografías de circuitos integra dos, adoptada el 5 de noviembre de 1997, modificada 
por última vez el 22 de mayo de 2002, que Uc rania 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/L/1 
Page 2  
 
 
LAW OF UKRAINE  
On the Protection of Rights  to Topographies of Integrated Circuits  (The translation is not official) 
  
(The Official Journal of the Verkhovna Ra da (Parliament) of Ukraine (OJU), 1998, № 8, Art.28) 
(This Law is issued with consideration of the am endments that were introduced according to the 
following Laws:  № 783-XIV of June 30, 1999, OJU, 1999, № 34, Art.74 
№ 2188-III of December 21, 2000, OJU, 2001, № 8, Art.37 
№ 2921-III of January 10, 2002, OJU, 2002, № 16, Art.114 
№ 34-IV of July 4, 2002, OJU, 2002, № 35, Art.256 
№ 850-IV of May 22, 2003, OJU, 2003, №35, Art.271) 
  
This Law shall govern the relations arising in conn ection with the acquisition and use of the property 
right to topographies of integrated circuits in Ukraine .   Chapter 1 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;    “integrated Circuit ” (IC) means a microelectronic pr oduct, in its final or in termediate form, intended 
to carry out the function of electronic circuit, the components and connections of which are integrally 
formed in the body and/or on the surface of the materi al that is the basis of such product irrespective 
of the way of its manufacturing;   “Topography of Integrated Circuit” (topography of IC) means a spatial geometric arrangement, fixed 
on a material carrier, of all the components of an in tegrated circuit and the connections between them; 
  “Author” means a natural person by the creative work of whom a topography of IC has been created;   “Certificate” means a document that confirms the regi stration of a topography of IC by the Office and 
testifies for an exclusive property right to this topography of IC; 
  
“Register” means the State register of Ukraine of topographies of ICs;   “A Registered topography of ic” means a topograp hy of IC, the data of which entered into the 
Register, and the certificate has been granted to this topography; 
  
“Person” means a natural or legal person;   “Application” means a package of doc uments required for a topography of IC to be registered and a 
certificate to be granted; 
   IP/N/1/UKR/L/1 
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“Applicant” means a person who has filed an applic ation or has acquired rights of an applicant under 
another procedure determined by the Law;   “date of the first Use of the topography of ic” m eans the date on which the use of a topography has 
become known in the field of microelectronics; 
  
“Employer” means a person that hired a wo rker under a labour agreement (contract); 
  “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; 
  “Examination institute” means the st ate institution (enterprise or organization) authorized by the 
Office for consideration and examination of applications;   
Article 2. Authorities of the Office in the sphere of the Protection of rights to topographies of ics 
  The Office provides the state policy implementation in the sphere of the protection of rights to 
topographies of ICs. To that end it: organizes the receiving and examination of app lications as well as makes decisions on them; 
grants certificates for topographies of ICs and provides their state registration; 
provides publication of official data on a re gistered topography of integrated circuit; 
implements international cooperation in the sphere of the legal protection of intellectual property and 
represents interests of Ukraine on the matters of the protection of rights to topographies of ICs in international organizations according to the current legislation of Ukraine ; 
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 protection 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 rights to 
marks for goods and services; performs other functions according to its Statut e, approved under the determined procedure. 
  
2. The activity of the Office shall be financed by funds of the State Budget of Ukraine.    Article 3. Rights of Foreign and Stateless Persons    Foreign and stateless persons shall have equal rights with the citizens of Ukraine , provided by this 
Law, excluding those that are established by the inte rnational treaties to which Ukraine is a party. 
Foreign and stateless persons residing or having a permanent location outside Ukraine exercise their 
rights in relations with the Office through repr esentatives registered under the Regulations for 
Representatives on Intellectual Propert y Matters, approved by the Cabinet of Ministers of Ukraine. 
  IP/N/1/UKR/L/1 
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Chapter II GRANTING OF RIGHTS TO a TOPOGRAPHY OF IC   Article 4. Conditions for granting the Le gal Protection to a Topography of IC 
  
The State provides the legal protection of a topogra phy of IC by means of its registration in the 
Office. peculiarities of the protection of rights to topographies of  ICs considered to be th e state secret shall be 
defined by the certain legislation. This Law shall not afford the protection of right s to ideas, ways, systems, technologies or coded 
information that may be produced in the topography of IC.  
The exclusive right to use a topography of IC sha ll be certified by the certificate that confirms the 
registration of the topography of IC. The certificate sh all be valid for ten years either from the date of 
filing an application to the Office or from the date  of the first use of the topography of integrated 
circuit. 
The registration validity shall be terminated in case if such registration is invalidated under Article 20 
of this Law.  The scope of rights to a topography of IC shall be  defined by the reproduction of the topography of 
integrated circuit on the material carrier.   Article 5. Protectability Requirements to a topography of ic 
  
A topography of IC shall meet protectability requirements if it is original. A topography of IC shall be considered as original if  it is not created by direct reproduction (copying) 
of another topography of IC, it has distinctions that  provide it with new peculiarities and if it had not 
been known in the field of microelectronics before th e date of filing an application to the Office or 
before the date of its first use. 
A topography of IC shall be considered as original  until the proof of the contrary is provided. 
A topography containing components that are generall y known in the field of microelectronics on the 
date of filing an application to the Office or the da te of the first use of the topography of IC, may be 
considered as original only in the case when the co mbination of such components in its entirety meets 
the requirements of Paragraph 2 of this article. 
The recognition of a topography of IC as original shall not be influenced by the information 
disclosure about it by an author or a person that received such information directly or indirectly from the author, if the term from the date of informati on disclosure till the date of filing an application to 
the Office does not exceed two years. For all th is, an obligation of proving circumstances of 
information disclosure, creditability of the date of information disclosure and the date of the first use 
of the topography of IC shall be laid on the person concerned. 
A topography of IC may not be considered as original if the application for its registration has been filed to the Office later than two years from the date of its first use.   Chapter III The RIGHT For REGISTRATION OF A TOPOGRAPHY OF IC 
  
Article 6. The Right of an Author   The right for registration of a topography of IC sha ll be entrusted to an author or his/her successor in 
title. 
Authors that have jointly created a topography of IC, shall have equal rights for registration of the 
topography of IC if other is not provided by the agreement between them. An author of a topography of IC shall have the right  of authorship that is an inalienable moral right 
and protected without time limit.  IP/N/1/UKR/L/1 
 Page 5 
 
 
Persons, that have provided an author with purely technical, organizational or material assistance or 
have helped an author in preparing the packag e of documentation for the acquiring of the legal 
protection, shall not own the right of authorship.  In case when conditions of the agreement are consider ed concerning the team of authors, the Office, 
on a joint request of the persons, that are indicated in the application as well as authors, that are not 
indicated as such in the application, shall in troduce amendments into relevant documents in 
accordance with the procedure, established by the Office.  
  Article 7. The Right of an Employer   
The right for registration of a topography of IC a nd all the rights resulting from this registration shall 
belong to an employer of an author of the topography of IC or to his/her successor in title if the topography of IC has been created in the course of fulfilling professional duties or at the special 
instruction of the employer unless otherwise provided by a labour (agreement) contract. 
An author of a topography of IC created in the course of fulfilling professional duties or at a special 
instruction of an employer shall give to the em ployer a written notification on the created topography 
of IC with the materials that reproduce the topography of IC quite clear and complete. 
If an employer or his/her successor in title within four months from the date of receiving of this 
notification does not file an application to the Office or does not make a decision on keeping the 
topography as confidential information that he is obliged to communicate about to the author in a 
written form, the right for registration of the topography shall be assigned to the author. 
In case when the employer has exploited his/her right for registration of a topography of integrated 
circuit or his/her right of keeping it as confidential information, the author shall have the right for remuneration in accordance with an economic value of the topography and other profits that the 
employer or his/her successor in title has received or could have received. The remuneration shall be paid to the author in th e amount and under the circumstances that must be 
defined by a written agreement between the author and the employer, concluded not later than four 
months from the date of receiving the report by the employer. Disputes concerning circumstances of author’s r eceipt of the remuneration from the employer and 
concerning its amount shall be resolved in the court procedure.   Article 8. The Right of the First Applicant 
  
If two or more applications for one and the same topography of IC has been filed to the Office by 
different applicants, the right for registration of the topography shall belong to the applicant whose 
application has the earliest date of f iling to the Office, or, if the date of the first use of a topography of 
IC has been filed, the right for registration of the topography shall belong to the applicant whose 
application has the earliest date of the first use on condition that the mentioned application is not 
considered to be withdrawn, has been not withdrawn, or concerning which the decision about the declination of the registration has been not taken by the Office, leaving no options to be opposed.   Chapter IV The Procedure of registration of A TOPOGRAPHY OF IC 
  
Article 9. An Application for registration of a Topography of IC   A person who wishes a topography of IC to be registered and has the right for this, may file an application for registration to the Office. An applicat ion for registration of a topography of integrated 
circuits may be filed by  one or more persons. 
An application for registration ma y be filed through a representative on intellectual property issues or 
another person, authorized by the applicant. The Pe rson, authorized by the applicant, shall not be a 
staff member of the Office or of the Examination institute.  An application for registration of a topography of  IC shall relate only to one topography of IC. 
An application for registration shall be made in the Ukrainian language and shall contain: IP/N/1/UKR/L/1 
Page 6  
 
a request for registration of a topography of IC; materials identifying a topography of IC.  With the purpose to identify a topography of IC th at has not been used before the date of filing an 
application, a copy of materials revealing a thoroug h information on the topography shall be filed to 
the Office. 
With the purpose to identify a topography of IC th at has been used before the date of filing an 
application, samples of integrated circuits that cont ain this topography in the same form as it has been 
introduced into the turnover shall be filed to the Of fice in addition to the application. In this case, a 
request shall also contain information about the da te of the first use of the topography of IC and 
materials shall contain essential technical character istics of the sample of the topography of IC. 
When filed materials that identify a topography of integrated circuits contain information about any 
layer of the topography of IC or its part, that is co nfidential to an author’s opinion, this layer in its 
whole or relevant part of it may be eliminated a nd added to the package of materials that identify the 
topography of IC in the coded form. Materials, filed by an applicant, that identify a to pography of IC, and samples of integrated circuits 
that include this topography, shall be preserved by the Office for six years after the date of registration 
expiry. On the expiry of this period, materials on id entification and samples of integrated circuits shall 
be returned to a right’s owner on his request, and when there is no such request, materials shall be 
destroyed. It is necessary to indicate the address of an applican t (applicants) as well as of an author (authors) in 
the request for registration of a topography of IC. 
In case when there are two or more applicants, it may be indicated in the request to what address a 
certificate shall be sent. An author shall have the right to require not to be mentioned as the author in the publication of the 
Office. Other requirements to an application’s docu ments shall be established by the Office. 
A fee shall be paid for filing an application. Th e document on the fee payment shall be filed to the 
Office either together with an application or within two months as from the date of filing an 
application. This period may be extended but for no more than six months, if before its expiry a 
relevant request has been filed and a fee has been paid for its filing. 
  Article 10. The Date of filing an application  
  
The date of filing an application shall be the da te on which the Office receives the application that 
meets all requirements mentioned in Para graphs 4-6 of Article 9 of this Law. 
The date of filing an application shall be defined in accordance with Paragraphs 8 and 9 of Article 11 
of this Law. 
  
Article 11. Examination of an Application   The examination of an application has the status of  scientific and technical examination and shall be 
held by the examination institute under this Law a nd according to regulations issued by the Office in 
compliance with this Law. 
The Examination Institute shall carry out an info rmation activity required for the examination of 
applications and shall be the center for an inte rnational exchange of information communications 
according to the Convention on  International Information Communication, adopted on 
December 3, 1958, by the United Nation General C onference for Education, Science, and Culture. 
Final results of the examination of an application that is not considered withdrawn or has not been 
withdrawn, shall be presented in a grounded conclusion of the examina tion, which shall be valid after 
its approving by the Office. Based on such a conclusion, the Office shall make a decision on the registration of a topography of IC or on refusing th e registration of a topography of IC. An applicant 
shall be notified on the Office decision.   IP/N/1/UKR/L/1 
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An applicant shall have the right to require copi es of the information materials, opposed to the 
application, within a month after receiving the Office decision. These copies shall be sent to the 
applicant within a month. An applicant has the right, on his own initiative or  on the Examination Institute invitation, to 
participate personally or through his representative in  the discussion of matters arising in the course of 
the examination under the proce dure specified by the Office. 
An applicant has the right to correct  errors in the application, change his name (title) and his address, 
address for mailing, as well as the name and address of his representative. An applicant may make changes in the application th at are connected with the change of the person of 
the applicant by the consent of all other applican ts mentioned in the application. The person who 
wishes to be the applicant may also make these ch anges by the consent of all other applicants. 
  The said corrections and changes shall be taken into  consideration, provided that the Examination 
Institute has received them not later than the recei pt of the document on the payment of state fee for 
registration of a topography of IC is received. 
  
The request on correcting a mistake or making any of  the mentioned changes shall be subject to the 
payment of the fee, provided that a mistake is not obvious or technical, and the change is caused by 
reasons depended on an applicant. The Examination Institute may demand from an a pplicant to submit additional materials if the 
examination is impossible without these materials or if the Examination Institute has reasonable 
doubts concerning the veracity of the information or elements presented in the application documents. 
  An applicant shall have the right to request copies of the materials, opposed to the application, within 
a month after receipt of the Examination Institute  notification or conclusion with the demand to 
submit the additional materials. 
  
An applicant shall submit additional materials wi thin two months from the date of receiving the 
notification or conclusion of the Examination Ins titute or copies of the materials, opposed to the 
application. The period for submitting the additional materials may be extended, but for no more than 
6 months, provided that the relevant request is subm itted and the fee is paid before expiry of the said 
period. This period missed for valid reasons shall be  renewed provided that the relevant request is 
submitted and the fee is paid within 6 months after the expiry of the period. If an applicant has failed 
to submit additional materials within the fixed period,  an application would be considered withdrawn, 
and the applicant shall be notified accordingly. 
  In the course of the examination: 
the date of filing of an application shall be defined under Article 10 of this Law; 
it shall be defined whether a filed object is a topography of IC; an application shall be examined for conformity with  the formal requirements of Article 9 of this Law 
and regulations established by the O ffice in compliance with this Law.; 
the document on payment of the fee for filing an app lication shall be examined for conformity with 
specified requirements.  
If the application materials meet the requirement s of Article 10 of this Law and the document on 
payment of the fee for filing an application is presen ted, the applicant shall be notified on the defined 
date of filing an application. If the application materials do not meet the requirement s of Article 10 of this Law, an applicant shall 
be immediately notified. If the applicant removes the nonconformity within 2 months from the date of 
receiving the notification, the date on which th e Examination Institute received the corrected 
application materials shall be considered to be th e date of filing the application. Otherwise, the 
application is considered not filed, a nd the applicant is notified accordingly. 
In case when the requirements provided by Paragraph 11 of Article 9 of this Law are disregarded, the application shall be considered as withdrawn, a nd an applicant shall be notified accordingly. IP/N/1/UKR/L/1 
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If there are reasons to consider that a filed object belongs to objects mentioned in Paragraphs 2 of Article 4 of this Law, or  documents of an application do not meet  the formal requirements of Article 9 
of this Law as well as regulations established by the Office in compliance with this Law, or when the 
document on the fee payment for filing an applica tion do not meet the specified requirements, the 
Examination Institute shall send to the appli cant a grounded preliminary conclusion with the 
proposition to give a motivated answer for elimin ating, if necessary, defects indicated in the 
conclusion.  An applicant’s answer shall be f iled within the period defined in Paragraph 6 of this Article for 
additional materials, and it shall be taken into consideration while preparing a conclusion of the 
examination of the application. 
  
Article 12. Registration of a Topography of IC    Since a decision on registration of a filed topography of IC has been taken, the Office shall provide the registration of the filed topography of IC  entering relevant data into the Register. 
The form of the Register and the procedure of its  maintaining shall be determined by the Office. 
The state registration of a topography of integrated circuits shall be provided in case of presence of 
documents on the payment of the state fee for regist ration of a topography of integrated circuits and 
on the payment of the fee for publication on registrati on of a topography of IC. An applicant shall pay 
the said fees after receiving the decision on registration of a topography of IC. If within three months from the date of receiving a decision on registration of a topography of IC, the 
documents on the payment of the state fee for registration of the topography of IC and of the fee for 
publication on registration of a topography of integrated circuits in the amount and under the 
procedure defined by the legislation, have not been submitted to the Examination Institute, the 
application would be considered withdrawn. The period for submitting these documents may be exte nded for no more than 6 months provided that 
before the date of expiry of this period, the rele vant request has been filed and the fee for filing the 
request has been paid. This period defaulted due to  important reasons shall be renewed provided that 
the relevant request has been filed and the fee has be en paid within 6 months from the expiry of this 
period. After the data on registration of a topography of IC has entered into the Register, any person shall 
have the right access to this information under th e procedure established by the Office and to obtain 
an abstract of the data concerning on a topography of IC from the Register upon his request, provided 
that the fee for filing of th e said request has been paid. 
The errors in the entered data in the Register sh all be corrected on the initiative of the certificate 
owner or of the Office. Changes to the Register may be introduced on th e initiative of the certificate owner according to the 
specified list of permitted changes. The introduction of changes to the Register with respect to the 
certificate shall be subject to the payment of the fee.  The registration of a topography of IC shall be pr ovided under an applicant’s responsibility for its 
proctability.   Article 13. Publication of data on Registration 
  
Concurrently with the state registration of a topogr aphy of IC, the publication of data on registration 
of a topography of IC in the Official Gazette shall be provided under the established procedure. 
After the publication of official data on the regist ered topography of integrated circuits has been 
made, any person shall have the right to access to th e materials of the application under the procedure 
established by the Office. The fee shall be paid fo r the access to the materials of the application. 
In case when obvious errors have been found in the pub lished data, an applicant shall have the right to 
appeal to the Office with a request on their correction.    IP/N/1/UKR/L/1 
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Article 14. Granting a Certificate   The Office shall grant the certificate within a mont h from the date of the state registration of a 
topography of IC. If an application has been filed by several applica tions, one certificate shall be granted to them and 
shall be sent to an applicant whose address has been  indicated for this purpose in the request, and in 
case of absence of such indication, the certificate sh all be sent to the applicant who has been at the 
head in the list of applican ts indicated in the request. 
The form of the certificate and the contents of the certificate shall be determined by the Office. The 
text in the certificate shall be provided in the Ukrainian language. 
On the request of the owner of the certificate the Office shall enter the correction of obvious errors 
into the certificate and publish data on those corrections. In case when the certificate has been  lost or damaged, the certificate shall be granted a certificate 
duplicate under the procedure determined by the O ffice. Granting a duplicate of a certificate shall be 
subject to the payment of fee.  
  
Article 15. Appellation Against the Decision on an Application   An applicant may appeal to the court or to the Appellate Chamber against the Office decision on an 
application within two months from the date of receiving the Office decision or copies of materials required according to Pragraph 3 of Article 11 of this Law. 
If the Office decision on the application has been appeal ed to the court after the state registration of a 
topography of IC, the court shall consider simulta neously the issue on the validity of the relevant 
certificate. The right to appeal the Office decision in the Appe llate Chamber would be lo st after the payment of 
the state fee for registration of a topography of integrated circuits. 
The appeal against the Office decision in the Appe llate Chamber shall be accomplished by submitting 
the objection on the Office decision under the procedur e determined by this Law and the regulations 
of the Appellate Chamber approved by the Office. The submission of the objection shall be subject to 
the payment of the fee. If the fee has not been paid  within the period fixed in Paragraph 1 of this 
Article, the objection shall be considered as not submitted, and the applicant shall be notified 
accordingly. 
In case when the Appellate Chamber has received an  objection and a document for payment of the fee 
for submitting the objection, the processing of an app lication shall be terminated until the approval of 
the decision by the Appellate Chamber. An objection against the Office decision on an app lication shall be considered according to 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 reasons 
presented in the objection by an applicant and dur ing the discussion of the objection. The period for 
consideration of the objection shall be extended on the initiative of the applicant, but for no more than 
two months, provided that the relevant request has been submitted and the fee has been paid with 
respect to the request. On results of consideration of an objection, th e Appellate Chamber shall make a grounded decision 
that 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. Before approving the Appellate Chamber decision,  within a month from the date of making the 
decision, the Head of the Office may present a grounde d written protest against this decision, and this 
protest shall be considered within a month. Th e decision of the Appellate Chamber made on the 
protest shall be final and may be cancelled only by the court. An applicant may appeal to the court against th e Appellate Chamber decision approved by the Office 
within two months from the date of receiving the decision.   IP/N/1/UKR/L/1 
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Chapter V RIGHTS AND OBLIGATIONS DERIVING FROM the registration of a topography of iC   Article 16. Rights deriving from Registration of a Topography of Integrated Circuits    
Rights deriving from registration of a topography of IC shall be effective from the date of entering 
data on a topography of IC into the Register. The registration of a topography of integrated circuits  shall give the exclusive right to an owner of the 
registered topography of integrated circuits to u se the topography at his own discretion if such a use 
do not infringe rights of other owners of registered topographies of ICs.  
The registration shall give the right to an owner of a registered topography of IC: 
to prohibit other persons without his permission to u se the topography of integrated circuits, excluding 
the cases when such a use under Article 17 of this Law is not defined as infringement of the owner’s 
rights of the topography of IC; to transfer by an agreement the property right to a topography of IC to any person who shall become a 
successor in title of the owner of the registered topography of IC; 
to grant a permission (license) to use the topography  of IC to any person by a licensing agreement. 
The following acts shall be considered as the use of a topography of IC: copying of a topography of integrated circuits; manufacturing of integrated circuits with the utilization of the topography; manufacturing of any products that contain such integrated circuits;  
import of such integrated circuits and of products that contain them, into the territory of Ukraine; 
offering for sale, including via Internet, sale and other introducing to the civil turnover or preserving 
for the mentioned purposes of integrated circuits, ma nufactured with the utilization of the topography 
of IC and of products that contain such integrated circuits. Integrated circuits shall be considered as manuf actured with the utilization of the registered 
topography, providing that all the components that defi ne the topography of IC as original, have been 
utilized. In case where a certificate belongs to several persons , relations while using a registered topography of 
IC shall be defined by an agreement between these persons. In case of absence of such agreemen t each of owners of rights to the registered topography of 
integrated circuits may use the topography at his own discretion, however none of them has the right 
to grant a permission (license) for the use of the regi stered topography of IC and for the transfer of the 
property right to the registered topography of IC  to another person without the consent of the 
remaining rights’ owners.   5. An agreement on transferring the property right to a topography of integrated circuits and a 
licensing agreement shall be valid if they have  been concluded in writing and signed by the 
contracting parties. Each contracting party has the right to notify an in definite circle of persons about transferring the 
property right to a topography of integrated circu its or granting a license for using the topography of 
IC. Such a notification shall be provided by publishi ng the information in the Official Gazette of the 
Office in the volume and under the procedure determ ined by the Office with simultaneous entering 
this data into the Register. 
Fees shall be paid for publication of the said in formation and of changes to the information on 
granting a license proposed by the contracting party.   6. Rights deriving from registration of a topography of  IC shall not affect other personal property or 
moral rights of the author of the to pography of integrated circuits. 
  7. An owner of rights to a registered topography of IC or his successor in title shall have the right to 
notify about the registration of the topography of IC  by marking the topography or products that 
contain this topography with the letter “T”, indicating the date of the validity of exclusive right to use  IP/N/1/UKR/L/1 
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the topography of integrated circuits and the info rmation, that give the opportunity to identify the 
owner of rights.   Article 17. Actions not Recognized as Infringements of Rights to a Registered Topography of IC 
  
1. The following shall not be recognized as infri ngements of rights acquired by registration of a 
topography of IC when the registered topography of integrated circuits is used: in a construction or in the course of exploiting a transportation means of a foreign country that 
temporarily or occasionally placed in waters, air space or on the territory of Ukraine on condition that the registration topography of IC is used purely for the needs of the mentioned means; 
with no commercial purpose; 
with a research purpose or in the course of experiment; under emergency circumstances (natural calamity, catastrophe, epidemic, epizootic, etc,) with 
notification of the owner of rights to the topography of  integrated circuits about  such a use at the first 
opportune moment and with payment of  equal compensation to the owner. 
  
2. Import to the customs territory of Ukraine, o ffer for sale, sale, preservation with the mentioned 
purposes or other introduction of lawfully acquired inte grated circuits into the turnover that have been 
manufactured with the use of a registered topography as well as other objects containing such integrated circuits, shall not be recognized as infri ngements of rights acquired by the registration of 
the topography of integrated circuits. 
Integrated circuits with the registered topography an d objects containing such integrated circuits shall 
be considered as lawfully acquired by any person if  after their manufacture they have been introduced 
into the turnover by the owner of rights to this registered topography of IC or by his permission.   3. The use of IC by any person who has acquired the IC and thereby did not and could not know that 
this integrated circuit or object containing it, ha d been manufactured and introduced into the turnover 
infringing the rights acquired by the registration of the topography of integrated circuits, shall not be recognized as infringements of rights acquired by the registration of the topography of IC. However, once the corresponding notification h as been received from the rights’ owner, the 
mentioned person must stop the use of integrated circuits or pay the compensation to him, the amount of which shall be defined by the agreement of parties. Disputes concerning the compensation and 
procedure of its payment shall be resolved in the court procedure. 
  4. Any person who had been in good faith used a topogr aphy of integrated circuits before the date of 
filing of an application for registration of the topograp hy of integrated circuits to the Office by an 
applicant or who had made a considerable and serious preparation to such a use, shall have the right of 
prior use of this topography of IC. 
The right of prior use may be transferred or tr ansmitted to another person  only either with the 
enterprise or business practice or with the part of th e enterprise or business practice, in which the filed 
topography of IC had been used or a considerable  and serious preparation to such a use had been 
made.   
Article 18. Obligations of an Owner of Rights to a Registered Topography of IC 
  1. An owner of rights to a registered topography of IC must use the exclusive right acquired by the registration in good faith.   
2. If a registered topography of IC has not been u sed for three years from the date of data publication 
about the registration or from the date when the use of the topography of IC had been terminated, any 
person wishing and being ready to use the topography of IC may appeal to the court with a request 
concerning the grant of permission for the use of th e registered topography of IC in case when an 
owner of rights to the registered topography of IC has refused to provide a licensing agreement. 
  IP/N/1/UKR/L/1 
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3. If an owner of rights to a registered topography of IC can not prove that the registered topography 
of IC has been unused for valid reasons, the court may give a decision on the grant of permission to 
the person concerned for the use of the registered topography of integrated circuits determining the 
scope of its use, the period of permission validity, the amount and procedure of paying a remuneration 
to the owner of rights. 
  
Article 19. The Use of a Registered Topography of IC Without Permission of an Owner of Rights to It    1. Pursuing the health of people, ecological secur ity and other social interests, the Cabinet of 
Ministers of Ukraine may permit the use of a register ed of IC to the person defined by itself without 
consent of an owner of rights to the topography of  IC in case of his groundless refusal to provide a 
license on its use. Thereat: the permission for such a use shall be  granted under specific circumstances; 
the scope and duration period of such a use shall be  defined by the purpose of the granted permission, 
it must be purely noncommercial use by bodies of  state power or fulfilling an anti competition 
practice by the decision of a corresponding body of state power; 
the permission for such a use shall not deprive an ow ner of rights to a registered topography of IC to 
grant permissions for its use; the right to such a use shall not be transferred ex cluding the case when it has been transferred together 
with the part of the enterprise or business prac tice in which this use has been carried out; 
the use shall be permitted in the first instan ce for providing the internal market needs; 
the notification concerning the grant of the permis sion for the use of a registered topography of IC 
shall be sent to an owner of rights to it at the first opportune moment; the permission for the use shall be revoked in case  of discontinuance of circumstances under which 
this permission has been granted; an equal compensation in accordance w ith an economic value of the topography of IC shall be paid to 
an owner of rights to a registered topography of IC. 
  2. The resolution of the Cabinet of Ministers of Uk raine concerning the grant of the permission for the 
use of a registered topography of IC, the validity pe riod and conditions of the grant, revocation of the 
permission for the use, amount and procedure of pa ying a remuneration to an owner of rights to a 
registered topography of IC may be appealed in the court procedure.  
  
Chapter VI Invalidation of Registration of a Topography of IC    Article 20. Invalidation of Regist ration of a Topography of IC 
  
1. Registration of a topography of IC may be invalidated in the court procedure in case of: 
inadequacy of a registered topography of IC with re quirements of protectabilty defined in Article 5 of 
this Law; infringements of requirements under Paragr aph 2 of Article 24 of this Law; 
registration of a topography of IC as sequence of filing an application infringing rights of other 
persons. 
While invalidating the registration of a topography of IC the Office shall make a notification about 
this in the Official Gazette. Registration of a topography of IC that has been invalidated shall be considered as invalid from the date of the registration of a topography of IC. 
  
Article 21. Infringements of rights of an Owner of a Registered Topography of IC   Any offence against rights of an owner provided by Article 16 of this Law shall be considered as an 
infringement of rights of the owner of a register ed topography of IC entailing liability in accordance 
with the current legislation of Ukraine.  IP/N/1/UKR/L/1 
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On the request of an owner of rights to a register ed topography of IC, such an infringement shall be 
terminated, and an infringer shall be obliged to indemnify an actual damage to the owner. 
The person that has acquired a license, may also request  a restoration of affected rights of an owner of 
a topography of IC, by the consent of the owner.   
Article 22. Means of Rights Protection  
  The protection of rights to a topography of IC sh all be provided in the c ourt and other procedure 
specified by the legislation. The jurisdiction of courts shall cover all legal relations arising in c onnection with this Law 
enforcement. 
Courts according to their competence shall resolve disputes concerning: 
authorship to a topography of IC; ascertainment of fact of the use of a topography of IC; infringement of rights of a certificate owner; 
conclusion and execution of licensing agreements; 
compensations.   Chapter VIII CONCLUSIVE PROVISIONS   
Article 23. Fees 
  An amount of the state fee and a procedure of payi ng the state fee for registration of topographies of 
ICs shall be determined under the legislation. Costs obtained from the payments of the state fee for registration of topographies of ICs shall be 
included to the State Budget of Ukraine. 
The amount, payment terms and procedure of paying th e state fee shall be specified by the Cabinet of 
Ministers of Ukraine. The fees provided by this Law shall be paid to cu rrent accounts of the institutions authorized by the 
Office and included to the state system of the le gal protection of intellectual property and, with 
consideration of their specialization, carry  out certain tasks defined by this Law. 
The earnings from fees provided by this Law are pur pose-oriented and, according to the orders of the 
Office, shall be used exclusively for providing the development and functioning of the state system of 
the legal protection of intellectual property, in par ticular for implementing tasks defined by this Law 
and other normative and legislative acts in  the sphere of intellectual property. 
  
Article 24. Protection of Rights to Topographies of ICs in Foreign States  
  An author of a topography of IC or his successor in title, an employee of an author or his successor in 
title shall have the right for registration of a topography of IC in foreign states. Before filing an application for acquiring the protection of rights to a topography of IC to an institution of a foreign state, unless other provided by  international agreements to which Ukraine is a 
party, an applicant shall be obliged to file an app lication to the Office and notify it about intentions of 
such protection.  Expenses with respect to acquiring the protection of rights to a topography of IC in foreign states, 
shall be borne by an applicant or by another person by applicant’s consent. 
  
Article 25. The State Stimulation of Creation and Use of Topographies of ICs 
  The State shall stimulate the creation and use of t opographies of ICs, define favourable conditions for 
taxation and crediting for authors that use the topographies; provide other privileges according to the legislation of Ukraine. 
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Article 26. Entry into Force of This Law    The Law of Ukraine “On the Protection of Rights to  Topographies of Integrated Circuits” shall enter 
into force from the day of its publication.   
  
  The President of Ukraine                                                                                                                                                     
L. Kuchma   
Kyiv, November 5, 1997 
№ 621/97-VR 
    
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