WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/C/2 
11 August 2008 
 (08-3801) 
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 Distribution of Copies of 
Audiovisual Works, Phonograms, Videograms,  Computer Programs, Databases, adopted 
on 23 March 2000, as last amended on 10 July 2003, as notified by Ukraine under Article 63.2 of the 
Agreement (see document IP/N/1/UKR/1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
UKRAINE 
  Le présent document contient le texte
1 de la Loi sur la distribution de copies d'œuvres 
audiovisuelles, de phonogrammes, de vidéogrammes,  de programmes d'ordinateur et de bases de 
données adoptée le 23 mars 2000, telle que modifiée en dernier lieu le 10 juillet 2003, notifiée par 
l'Ukraine au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/UKR/1). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
UCRANIA 
 
 En el presente documento se reproduce el texto
1 de la Ley sobre la distribución de copias de 
obras audiovisuales, fonogramas, videogramas, programas  informáticos y bases de datos, adoptada el 
23 de marzo de 2000, modificada por última vez el 10 de julio de 2003, que Ucrania ha notificado en 
virtud del párrafo 2 del artículo 63 del Acue rdo (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/2 
Page 2  
 
THE LAW OF UKRAINE 
 
ON THE DISTRIBUTION OF COPIES OF AUDIOVISUAL WORKS, PHONOGRAMS, 
VIDEOGRAMS, COMPUTER PROGRAMS, DATABASES 
 
 
 
 
As amended and supplemented by  
the Law of Ukraine No. 2122-III of December 7, 2000, 
the Criminal Code of Ukraine No. 2341-III of April 5, 2001, 
the Law of Ukraine No. 1098-IV of July 10, 2003 
(the present Law was set out in the new wording according to the Law of Ukraine 
No. 1098-IV of July 10, 2003 ) 
 
 
Additionally, see the Ruling of the Constitutional Court of Ukraine No. 49-“y”/2004 of 
June 3, 2004 
 
This Law provides the legal foundations for the distribution of copies of audiovisual works, 
phonograms, videograms, computer programs, data bases and is directed at the protection of 
interests of subjects of copyrights and relate d rights and protection of consumers’rights. 
 
Article 1. The scope of the Law 
 
     The force of this Law applies to relations arising in the process of distribution of audiovisual 
works, phonograms, videograms, computer programs, databases. 
 
Article 2. Definition of terms 
 
In this Law, the terms are used in the following meaning: 
 Audiovisual work is a work that is fixed on a certain tangible medium (film, 
magnetic tape or magnetic disc, disc for laser reading systems and so on) in the form of a 
series of consecutive shots (images) or anal og or discrete signals, which represent (encode) 
moving images (either with accompanying sound or  without it), and perception of which is 
solely possible with the help of a certain type of screen (cinema screen, television screen, etc.), on which moving images are represented vi sually with the help of certain technical 
means. The types of audiovisual works are: motion pictures, television film, video films, 
diapositive film strips, slide films, etc., which can be fiction films, animated films (animated 
cartoon films), non-fiction films, etc.; 
 Database (compilation of data) is a totality of works, data of any other independent 
information in an arbitrary  form, including electronic one, a selection and arrangement of 
components of which and putting in good order of  which is a result of creative work, the 
components of which are accessible individually and can be found with the help of a special 
searching system on the basis of electroni c means (a computer) or other means.; 
  IP/N/1/UKR/C/2 
 Page 3 
 
 
Videogram  is a video record of performance or any moving images (either with 
accompanying sound or without it) on a respective tangible medi um (magnetic tape, magnetic 
disc, disc for laser reading systems, etc.), except for images in the form of a record that is a 
part of audiovisual work. A videogram is a sour ce material for manuf acturing of its copies; 
 Reproduction of copies  is the manufacturing of one or  more copies of audiovisual 
work, phonogram, videogram, computer program, da tabase in any tangible form, as well as 
recording of them for temporar y or permanent storage in the electronic (incl uding digital), 
optical or other form, readable by a machine; 
 Reproducer  is a legal entity or natural person, who ordered a reproduction or carried 
out reproduction independently with the equipment that it owns or possesses or uses; 
 Vinyl disc  is a disc, which is manufactured from synthetic materials and on the 
surface of which grooves (tracks) with a record of sound are located by spiral; 
 Importer of copies is a Ukrainian subject of entrepreneurial activity who has 
conducted a purchase (including that with paymen t in a non-monetary form) of copies of 
audiovisual works, phonogram, videogram, com puter program, database from a foreign 
subject of entrepreneurial activity with or without importing them into the customs territory of Ukraine; 
 Exporter of copies is a Ukrainian subject of entrepreneurial activity who has 
conducted a sale (including that with paymen t in a non-monetary form) of copies of 
audiovisual works, phonogram, videogram, com puter program, database from a foreign 
subject of entrepreneurial activit y with or without exporting th em from the customs territory 
of Ukraine; 
 
Computer program is a set of statements or instru ctions in the form of words, 
figures, codes, schemes, symbols or in any other form, expressed in a form, suitable for 
reading it by a computer, that put it in action to  achieve a certain goal or  result (this term cover 
both operating system and applied program, expressed in a source or object code);  
 
Control mark is a special sign indicating the observ ance of copyright and (or) related 
rights, and provides the right to distribute copies of audiovisual works, phonograms, 
videograms, computer programs, databases. The control mark is a self -adhesive sign of single 
use, with the outer side thereof havi ng a special holographic protection; 
 
 Marking with control marks is marking of copies of audiovisual works, 
phonograms, videograms, computer programs, data bases by means of  gluing of control 
marks on their packages; 
 
 Copy of a audiovisual work, phon ogram, videogram, computer program, 
database  is a copy  of audiovisual work, phonogram, videogram, computer program, 
database on a respective tangible me dium that has been conducted di rectly or indirectly  from 
this audiovisual work, phonogram, videogram, co mputer program, database and contains all 
moving images, recorded in the audiovi sual work, phonogram, videogram, computer 
program, database, or their part (either with accompanying s ound or without it); 
 IP/N/1/UKR/C/2 
Page 4  
 
 Copy of phonogram is a copy of phonogram on a respective tangible carrier that has 
been conducted directly or indi rectly from this phonogram and contains all sounds, recorded 
in the phonogram, or their part;  
Copy of videogram is a copy of videogram on a resp ective tangible carrier that has 
been conducted directly or indi rectly from this videogram and contains all moving images, 
recorded in the videogram, or their part (eit her with accompanying sound or without it); 
 
 Distribution of copies of audiovisual works, phonogram s, videograms, computer 
programs, databases is the putting into circulation  of copies of audiovisual works, 
phonograms, videograms, computer programs, da tabases by means of their sales of other 
transfer of ownership to them;   Subject of proprietary copyrigh ts and (or) related rights is a physical person or 
legal entity that is legally entitled to proprietary  copyrights and (or) related rights to 
audiovisual works,  phonograms, videogram s, computer programs, databases; 
 
The Institution  is the central body of executive power in the sphere of intellectual 
property;  
Phonogram is a sound recording of  performance or any ot her sounds, except for 
sounds in the form of a record that is a part  of an audiovisual wor k, on a respective tangible 
carrier (magnetic tape of magnetic disc,  gramop hone records, discs for laser reading system). 
A phonogram is a source material fo r manufacturing of its copies. 
 
 Article 3. Conditions of distribution of co pies of audiovisual works, phonograms, 
videograms, computer programs, databases   
Distribution of copies of  audiovisual works, phonogram s, videograms, computer 
programs, databases on the territory of Ukraine,  as well as leasing of them, is only permitted 
subject to their marking with control marks.  
 
 Article 4. Right for the acqui sition of control marks  
      1. The right for the acquisition of c ontrol marks belongs to importers, exporters and 
reproducers of audiovisual works,  phonograms, videograms, computer programs, databases.   
       2. Control marks shall be issued by the Institution. Any interm ediary activity related 
to the acquisition and distribution of control marks is prohibited. 
 
 Article 5. Procedure for the acquisition of control marks 
 
 1. To obtain control marks, persons listed in part one of this Law (hereinafter referred 
to as applicants) shall submit the following documents to the Institution:   - the application in the prescribed form,   - a copy of the statute, articles of incorporation (in cases, specified by 
legislation) – for legal entities,  IP/N/1/UKR/C/2 
 Page 5 
 
 
 
 - a copy of the cer tificate of state regi stration of a subject of entrepreneurial 
activity, 
  - a copy of the certificate of inclusion into the Un ified State Register of 
Enterprises and Organizations of Ukraine (for legal entities) or that of the 
certificate of assigning the identifica tion code (for physical persons), 
  - a list of names of copies of a udiovisual works, phonograms, videograms, 
computer programs, databases in the pr escribed form with indication of the 
works, fixed on this copies (in a language  that is used fo r an original of 
respective copy), 
  - a copy of the State Certificate of the Right to Distribute and Display 
Audiovisual Works – Films, 
  - a copy of the agreement about the transfer  (alienation) of pr oprietary rights of 
authors and (or) subjects of  related rightsor agreements  about the transfer of 
the rights for use of audiovisual wo rks, phonograms, videograms, computer 
programs, databases by means of their reproduction and distri bution of copies, 
starting from the agreement, under which proprietary rights of authors and (or) 
subjects of related rights  or the right to use are transferred from primary 
subjects of the Ukrainian law and (or) re lated rights (in case of origination of 
such rights on the territory of Ukraine) . The applicant shall submit copies of 
the agreements, mentioned above, as well as an original copy of the agreement, under which proprietary rights  of authors and (or) subjects of 
related rights to or the right to use of audiovisual works, , phonograms, 
videograms, computer programs, databa ses are transferred directly to the 
applicant. Agreements compiled in a foreign language shall be accompanied 
by translations into Ukrainian, certifie d in the established order.     
  - a copy of the License for conducti ng economic activity in the field of 
holographic protective elements. 
   2. An application and copies of the document s, mentioned in part one of this Article, 
shall be verified: for a legal enti ty – by signature of an official  of the applicant, to which a 
seal shall be attached; for a natu ral person – by a personal signature. 
  3. The originals of the agreement, mentioned in paragraph seven of part one of this 
Article shall be returned to the applicants toge ther with a written reso lution either to issue 
control marks or to refuse to  issue such control marks.  
  In is prohibited to demand from the applicant to present any documents or 
information not specified in part one of this Article. 
  4. An applicant is responsible for the authenticity of the documents, submitted for the acquisition of control marks.  IP/N/1/UKR/C/2 
Page 6  
 
 5. The application for the acquisition of control marks shall include: date of the 
application, the number of audiovisual wor k, phonograms, videograms, computer programs, 
databases, the right for reproduction and di stribution of which is  transferred by the 
agreements, the number of control marks, nece ssary for the applicant to mark the copies. 
  6. The Institution shall give a written resolu tion either to issue control marks or to 
refuse to issue such control marks within three working days from the date of the receipt of 
the application.   7. The only basis for refusal to issue control marks shall be:   - submission by the applicant of an inco mplete set of documents, specified in 
part one of this Article,  
 - submission by the applicant of documen ts for the acquisition of control marks 
that contain inaccurate information, 
 - violation by the applicant of the rights of subjects of  copyright and (or) related 
rights. 
  The resolution to refuse control marks may be appealed according to the procedure established by the legislation in force.   9. Information about the applicant who applie s for control marks for the first time, and 
who is permitted to obtain them, is regist ered by the specially designated government 
authority. The following information should also be included in the Register:  
  - information about the applicant,  - the number of the application fo r the acquisition of control marks, 
 - the quantity of the issued marks and th eir numbers, series and data about their 
acquisition. 
  The applicant shall receive its registra tion number. The date of the applicant’s 
registration in the Register a nd its register number shall be included in the written decision 
concerning the issue of the control marks. Th e applicant’s non-registration in the Register 
does not deprive him of the right to obtain c ontrol marks during the period determined by this 
Law and to utilize the acquired marks. The Cabine t of Ministers of Ukraine shall establish the 
procedure for the maintenance of the Register. It  is prohibited to require from the applicant 
documents and information not st ipulated in this article. 
   The applicant submits to the specially designated authority a copy of the document 
evidencing payment, which contains a note by the banking institution of receiving the sum 
equal to the cost of the control marks payable to the State Budget of Ukraine, and receives the 
control mark on the same day.   Further applications for the acquisition of  control marks by the same applicant do not 
require the submission of documents  referred to in paragraphs th ree, four and five of this 
article.    IP/N/1/UKR/C/2 
 Page 7 
 
 
 
   
 Article 6. Series of control marks and procedure for production thereof 
 
 Each control mark shall have  its own series and number. 
  The following series of control marks are established:   “A” – for copies of phonograms in the form  of magnetic carrier s and vinyl discs; 
  “B”  - for copies of audiovisual works and videograms in the form of magnetic 
carriers and films;   “K” – for copies of audiovisual works,  phonograms, videograms, computer programs, 
databases in the form of optical carriers.   Control marks are produced at the reque st of the specially designated government 
authority on copyright and related rights (referred to here inafter as a specially designated 
government authority) pursuant to pr ocedure prescribed by legislation. 
 
 Article 7. Payment for the acquisition of control marks 
 
 For each control mark the applicant shall pay a sum equal to one per cent from the non-taxable income of citizens.   It is prohibited to impose upon and require from the applicant any other payment for 
the acquisition and use of control marks.   Payments received from the sale of contro l marks go to the State Budget of Ukraine. 
 
 Article 8. Marking with control marks 
 
 1. Each package of the audiovisual work or phonogram copy is marked with one control mark. If the package, being an indisp ensable part of the product, comprises several 
copies, it is marked with one control mark.   Copies consisting of short pieces c onsisting of audiovisual works or phonogram 
records or of pieces of several audiovisual works or phonogram records are not marked with 
the control mark if the record is made with th e aim of advertising thes e audiovisual works or 
phonograms. 
  Audiovisual work or phonogram copies that  are personal by their character (family 
holidays, etc.), are reproduced in order to dist ribute it among the participants of these events, 
these copies of audiovisual works or phonogr ams are not marked with control marks. 
  The copies of the audiovisual works or phonograms marked with control marks do not 
give the right to public performance or public  demonstration of the audiovisual works and 
phonograms recorded thereof. IP/N/1/UKR/C/2 
Page 8  
 
  
 Copies of audiovisual works or phonograms are not marked if they are manufactured 
by subjects of entrepreneurial activity who independently repr oduce them with the equipment 
that it owns or possesses or uses (referred to hereinafter as the performer), at the order of 
another person, residents or non-residents of Ukra ine (hereinafter – the customer), and copies 
manufactured by it are transfe rred to customers with all of the following conditions being 
met:   - the performer produces copies of audiovisual works and phonograms at the 
order of the other subject of entrepreneurial activity; 
  - the order is fulfilled on the basis of a contract (order) agreement and the 
performer uses primary materials, thei r components and raw materials, which 
are the property of the customer or fully paid for by the customer; 
  - matrixes (stampers, R-DAT, Betacam SP, U-MATIC SP casse ttes, etc.), other 
primary materials, including those transmitted by the electronic means, used in the production of copies of audiovisual works and phonograms, are the property of the customer, notwithstandi ng whether such matrixes or other 
primary materials are transmitted by the customer or produced by the 
performer within the scope of the order; 
  - copies of audiovisual works and ph onograms produced at the order are passed 
by the performer to the customer in fu ll are not used by th e performer of the 
order for sale as its own product; 
  - copyright and related rights to copi es of audiovisual works and phonograms 
belong to the customer, and are not pa ssed to the performer of the order; 
  - property rights to copies of audi ovisual works and phonograms belong to the 
customer who is responsible for using th e copyright and rela ted rights to these 
copies of audiovisual works and ph onograms before the third parties; 
  - copies of audiovisual works and ph onograms produced at the order of other 
persons are brought out of the customs te rritory of Ukraine and there are legal 
grounds for such export (foreign trade cont racts, agreements, etc.) and they are 
not distributed in the territory of Ukraine; 
  - copies of audiovisual works and ph onograms produced at the order of other 
persons are brought out of the cust oms territory of Ukraine without 
transferring the rights of po ssession or use to any third party (the rule does not 
apply to dispatching transport orga nizations receiving such goods for 
carriage). 
  Customer and performer have solid responsib ility for violation of copyright or related 
rights of third parties. The agreement between the customer and the performer shall establish 
the procedure of distribution of such responsibility among them.   IP/N/1/UKR/C/2 
 Page 9 
 
 
 Copies of audiovisual works or phonograms transited though the territory of Ukraine 
are not subject to marking with control marks.  
 Article 9. Storage in the territory of Ukraine and transportation within this 
territory of copies of audiovisual works or phonograms whose packages do not bear 
control marks 
 
 Only reproducers or importers may store in the territory of Ukraine and transport 
within this territory copies of audiovisual works or phonogram s whose packages do not bear 
control marks.   Copies of audiovisual works or phonogr ams whose packages do not bear control 
marks may only be transported for the purpo se of storage thereo f in the warehouses 
belonging to any subject of entrep reneurial activity referre d to in the first part of this article. 
  Audiovisual works or phonograms whose pack ages do not bear control marks may not 
be transported in the customs territory of Ukraine for other purposes. The only exception to 
this rule is contained in Article 10 of this Law.  
 Article 10. Retail trade with copies of audiovisual works and phonograms  
 
 Only specialized shops shall be permitted to  trade with copies of audiovisual works 
and phonograms. The Cabinet of Mi nisters of Ukraine shall es tablish the requirements to 
such shops selling copies of audiovisual works and phonograms and rules for such trade. 
 
 Article 11. Liability for th e violation of this Law 
 
 Persons guilty of illegal production, counte rfeiting, use or sale of the illegally 
produced and obtained or counterfeit control marks are liable to criminal proceedings. 
  Persons guilty of illegal distribution of copies of audiovisual works and phonograms 
are administratively liable. 
 
 Article 12. Control over ob servance of this Law 
 
 1. The Law shall come into effect on the date of its publication and changes made to 
the Code on Administrative Infringements shall become effective on January 1, 2001. 
 
  
 President of Ukraine                                                                L. Kuchma  
  March 23, 2000   N 1587-III  
__________