RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/123 
16 December 2004 
 
 (04-5544) 
Working Party on the 
Accession of Ukraine Original:   English 
 
  
ACCESSION OF UKRAINE 
 
Comparative Table of Compliance with Ukrainia n Domestic Legislation and the Agreement on 
 
Trade-Related Aspects of Inte llectual Property Rights (TRIPS)  
 
 
 The following submission, dated 6 December 2004, is being circulated at the request of the 
Delegation of Ukraine. 
  
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PART I - GENERAL PROVISIONS AND BASIC PRINCIPLES 
Article 1.  Nature and Scope of Obligations 
 
1. Members shall give effect to the provisions of this Agreement.  Members may, 
but shall not be obliged to, implement in their law more extensive protection 
than is required by this Agreement, provided that such protection does not 
contravene the provisions of this Agreement.  Members shall be free to 
determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice.   
 
 
 
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2. For the purposes of this Agreement, the term "intellectual property" refers to all 
categories of intellectual property that are the subject of Sections 1 through 7 of 
Part II.   
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3. Members shall accord the treatment provided for in this Agreement to the 
nationals of other Members. In respect of the relevant intellectual property right, the nationals of other Members shall be understood as those natural or legal 
persons that would meet the criteria for eligibility for protection provided for in 
the Paris Convention (1967), the Berne Convention (1971), the Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits, were all Members of the WTO members of those conventions. Any 
Member availing itself of the possibilities provided in paragraph 3 of Article 5 
or paragraph 2 of Article 6 of the Rome Convention shall make a notification as 
foreseen in those provisions to the Council for Trade-Related Aspects of 
Intellectual Property Rights (the "Council for TRIPS").   
  
 
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Article 2.  Intellectual Property Conventions 
 
1. In respect of Parts II, III and IV of this Agreement, Members shall comply with 
Articles 1 through 12, and Article 19, of the Paris Convention (1967).  
 
The Paris Convention took effect for Ukraine on 25 December 1991  
 
 
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2. Nothing in Parts I to IV of this Agreement shall derogate from existing 
obligations that Members may have to each other under the Paris Convention, 
the Berne Convention, the Rome Convention and the Treaty on Intellectual 
Property in Respect of Integrated Circuits.   
 
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Article 3.  National Treatment 
 
1. Each Member shall accord to the nationals of other Members treatment no less 
favourable than that it accords to its own nationals with regard to the protection 
of intellectual property, subject to the exceptions already provided in, 
respectively, the Paris Convention (1967), the Berne Convention (1971), the 
Rome Convention or the Treaty on Intellectual Property in Respect of Integrated 
Circuits.  In respect of performers, producers of phonograms and broadcasting organizations, this obligation only applies in respect of the rights provided under this Agreement.  Any Memb er availing itself of the possibilities provided in 
Article 6 of the Berne Convention (1971) or paragraph 1(b) of Article 16 of the 
Rome Convention shall make a notification as foreseen in those provisions to the Council for TRIPS. The Law of Ukraine "On Protection of the Rights to Inventions and 
Utility Models" of 15 November 1993 Article 5. Rights of Foreign Citizens and Stateless Persons 
 
1.  Foreign citizens and stateless persons shall have equal rights with 
the citizens of Ukraine as provided by this law, in accordance with 
international treaties of Ukraine, approved by the Verkhovna Rada 
of Ukraine. 
 The Law of Ukraine "On Protection of Rights to Trademarks for Goods 
and Services" of 15 November 1993, Article 4 
 The Law of Ukraine "On Protection of Rights to Industrial Designs" of  
 
Note: similar norm is 
contained in all the 
mentioned Laws 
 
 
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15 November 1993, Article 4 
 
The Law of Ukraine "On Protection of Rights to Indications of Goods 
Origin" of 16 June 1999, Article 5 
 
The Law of Ukraine "On Protection of Rights to Integrated Circuits" of 
5 November 1997, Article 3 
 The Law of Ukraine "On Copyright and Related Rights" of 
23 December 1993 in the wording of 11 July 2001, Article 6 
2. Members may avail themselves of the exceptions permitted under paragraph 1 in 
relation to judicial and administrative procedures, including the designation of an address for service or the appointment of an agent within the jurisdiction of a Member, only where such exceptions are necessary to secure compliance with 
laws and regulations which are not inconsistent with the provisions of this 
Agreement and where such practices are not applied in a manner which would 
constitute a disguised restriction on trade.   
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Article 4.  Most-Favoured-Nation Treatment 
 
With regard to the protection of intellectua l property, any advantage, favour, privilege 
or immunity granted by a Me mber to the nationals of any other country shall be 
accorded immediately and unconditionally to the nationals of all other Members.  
Exempted from this obligation are any advantage, favour, privilege or immunity 
accorded by a Member: 
 
 (a)  deriving from international agreements on judicial assistance or law 
enforcement of a general nature and not particularly confined to the 
protection of intellectual property; 
 (b)  granted in accordance with the provisions of the Berne Convention (1971) 
or the Rome Convention authorizing that the treatment accorded be a function not of national treatment but of the treatment accorded in another country;   
 (c)  in respect of the rights of performers, producers of phonograms and 
broadcasting organizations not provided under this Agreement; and 
 (d)  deriving from international agreements related to the protection of 
intellectual property which entered into  force prior to the entry into force 
of the WTO Agreement, provided that such agreements are notified to the 
Council for TRIPS and do not constitute an arbitrary or unjustifiable 
discrimination against nationals of other Members.   
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Article 5.  Multilateral Agreements on Acquisition or Maintenance of Protection 
 
The obligations under Articles 3 and 4 do not apply to procedures provided in multilateral agreements concluded under the auspices of WI PO relating to the 
acquisition or maintenance of intellectual property rights.   
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Article 6.  Exhaustion 
 
For the purposes of dispute settlement under this Agreement, subject to the provisions 
of Articles 3 and 4 nothing in this Agreement shall be used to address the issue of the 
exhaustion of intellectual property rights.   
 
 
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Article 7.  Objectives 
 
The protection and enforcement of intellectual property rights should  contribute to the 
promotion of technological innovation and to the transfer and dissemination of 
technology, to the mutual advantage of  producers and users of technological 
knowledge and in a manner conducive to social and economic welfare, and to a 
balance of rights and obligations.   
 
   
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Article 8.  Principles 
 
1. Members may, in formulating or amending their laws and regulations, adopt 
measures necessary to protect public h ealth and nutrition, and to promote the 
public interest in sectors of vital importance to their socio-economic and 
technological development, provided that such measures are consistent with the 
provisions of this Agreement. 
2.   Appropriate measures, provided that they are consistent with the provisions of 
this Agreement, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices, which unreasonably restrain 
trade or adversely affect the international transfer of technology.    
 
   
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PART II - STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS 
Section 1:  Copyrigh t and Related Rights 
Article 9.  Relation to the Bern Convention 
 
Members shall comply with Articles 1 throug h 21 of the Berne Convention (1971) and 
the Appendix thereto.  However, Members shall not have rights or obligations under 
this Agreement in respect of the rights conferred under Article 6 bis of that Convention 
or of the rights derived therefrom. The Law of Ukraine "On Ukraine's Joining the Bern Convention on 
Protection of Literary and Artistic Works" (Paris Act dated 24 July 1971, 
amended on 2 October 1979)" dated 31 May 1995 No. 189/95. 
 
The Convention came into force on the territory of Ukraine on 
25 October 1995  
 
 
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2.  Copyright protection shall extend to expressions and not to ideas, procedures, 
methods of operation or mathematical concepts as such. The Law of Ukraine "On Copyright and Related Rights" 
Article 8. Objects of Copyright 
 
3.  Legal protection envisaged by this Law shall be extended only upon 
the form of work's expression and not extended upon any other 
ideas, theories, principles, methods, procedures, processes, systems, 
manners, concepts, discoveries, even though these are expressed, 
described, explained, or illustrated in a work.  
 
 
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Article 10.  Computer Programs and Compilations of Data 
 
Computer programs, whether in source or object code, shall be protected as literary 
works under the Berne Convention (1971). The Law of Ukraine "On Copyright and Related Rights" 
Article 8. Objects of Copyright 
 
1.   Objects of copyright shall be  works in the domain of science, 
literature and art, namely:  
 
 
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 (1)   literary written works of fiction, journalistic, scientific, 
technical or other nature (books, brochures, articles, etc.); 
 (2)   speeches, lectures, orations, sermons and other oral works; 
 (3)   computer software; 
Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute 
intellectual creations shall be protected as such.  Such protection, which shall not extend to the data or material itself, sh all be without prejudice to any copyright 
subsisting in the data or material itself. The Law of Ukraine "On Copyright and Related Rights" 
Article 1. 
 
Database – aggregate works, data or any other independent information in a free form, including electronic, selection, layout and composition of 
which is the result of creative work, and component parts of which are 
accessible individually and can be found and processed via a special retrieval system based on electronic (computer) and other means  
Article 8.  Objects of copyright 
 
1.  Objects of copyright shall be works in the domain of science, 
literature and art, namely: 
 
 (4)   databases;  
 
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Article 11.  Rental Rights 
 
In respect of at least computer programs and cinematographic works, a Member shall 
provide authors and their successors in title the right to authorize or to prohibit the 
commercial rental to the public of originals or copies of their copyright works.  A 
Member shall be excepted from this obligation in respect of cinematographic works 
unless such rental has led to widespread copying of such works which is materially 
impairing the exclusive right of reproduction conferred in that Member on authors and 
their successors in title.  In respect of computer programs, this obligation does not 
apply to rentals where the program itself is not the essential object of the rental. The Law of Ukraine "On Copyright and Related Rights"  
 Article 15. Author's Proprietary Rights 
 
1.  The proprietary rights of an author (or other copyright holder) shall 
include: 
 
 (a)   the exclusive right to use a work; 
 (b)   the exclusive right to allow or prohibit the use of a work by 
other persons. 
 3.  The exclusive right of an author (or other subject of copyright) to 
allow or prohibit the use of a work by other persons shall entitle him 
to allow or prohibit: 
  (8)   distribution of works by first sale or alienation by another 
method or by transferring for property lease or rental, and by 
other transfer prior to the first sale of specimens of a work;  
 
 
 
 
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Article 12.  Term of Protection 
 
Whenever the term of protection of a work, other than a photographic work or a work 
of applied art, is calculated on a basis other than the life of a natural person, such term 
shall be no less than 50 years from the end of the calendar year of authorized publication, or, failing such authorized publication within 50 years from the making of the work, 50 years from the end of the calendar year of making. The Law of Ukraine "On Copyright and Related Rights"  
Article 28. Period of Validity of Copyright 
 
2.  Copyright shall remain effective throughout the author's lifetime 
and for 70 years after his death, except for the cases stipulated in this Article. 
7.  The copyright with respect to a work that was first published within  
 
 
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30 years after the author's death shall remain effective for 70 years 
after the date of lawful publication thereof. 
9.  The term of validity of copyright after the death of the author and 
terms set forth by parts three through seven of the present Article 
shall begin from the date of the author's death or the date of 
emerging the events envisaged in the above-mentioned parts, 
however, they shall be counted from 1 January of the year following 
the year of death or when the above-mentioned events took place. 
Article 13.  Limitations and Exceptions 
 
Members shall confine limitations or exceptions  to exclusive rights to certain special 
cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder. The Law of Ukraine "On Copyright and Related Rights"  
Article 15. Author's Proprietary Rights 
 
6.  The proprietary rights restrictions stipulated in Articles 21 through 
25 of this Law shall be effected, provided that they do not prejudice normal use of a work or unjustifiably limit the author's legitimate 
rights.   
 
 
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Article 14.  Protection of Performers, Producers of Phonograms (Sound Recordings) and Broadcasting Organizations 
 
1.  In respect of a fixation of their performance on a phonogram, performers shall 
have the possibility of preventing the following acts when undertaken without their authorization:  the fixation of their unfixed performance and the 
reproduction of such fixation.  Performe rs shall also have the possibility of 
preventing the following acts when undertaken without their authorization:  the 
broadcasting by wireless means and the communication to the public of their 
live performance. The Law of Ukraine "On Copyright and Related Rights"  
 Article 39. Performers' Proprietary Rights 
 
1.  Performers' proprietary rights shall be their exclusive rights to 
permit or prohibit other persons taking the following actions: 
 (a)   public notification of their unfixed performances (air 
broadcasting); 
 (b)   fixation in phonograms or videograms of their performances 
that have not been fixed before; 
 (c)   reproduction (direct and/or indirect) of their performances, 
fixed without their consent in a phonogram (videogram), or 
with their consent, but only in case reproduction is conducted 
with a different purpose than that upon which they agreed. 
 (d)   distribution of their perfo rmances fixed in a phonogram or 
videogram by first sale or other transfer of ownership, in the event during the first fixation they failed to give their consent to the producer of a phonogram (videogram) for their further 
reproduction; 
 (e)   commercial rental, property lease of their performances, fixed 
in a phonogram or videogram, in the event during the first fixation their consent to commercial rental or property lease 
was not received, even after distribution of performances, 
conducted by the producer of a phonogram (videogram), or 
with his consent;   
 
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2. Producers of phonograms shall enjoy the ri ght to authorize or prohibit the direct 
or indirect reproduction of their phonograms. Article 40. Proprietary Rights of Phonogram and Videogram 
Producers  
1.  Phonogram (videogram) producers' proprietary rights shall include 
their exclusive right to use their phonograms (videograms) and the  
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exclusive right to allow or prohibit implementation by other persons 
of the following actions: 
 
 (a)   reproduction (direct and/or indirect) of a phonogram 
(videogram) in any form and by any means; 
3.  Broadcasting organizations shall have the right to prohibit the following acts 
when undertaken without their authorization:  the fixation, the reproduction of 
fixations, and the rebroadcasting by wireless means of broadcasts, as well as the communication to the public of television broadcasts of the same.  Where Members do not grant such rights to broadcasting organizations, they shall 
provide owners of copyright in the subject matter of broadcasts with the 
possibility of preven ting the above acts, subject to  the provisions of the Berne 
Convention (1971).  Article 41. Proprietary Rights of Broadcasting Organizations 
 
1.  The proprietary rights of broadcasting organizations shall include 
their exclusive right to use their programs in any manner and their exclusive right to allow or pr ohibit other persons taking the 
following actions: 
  (a)   public notification of their programs by broadcasting and re-
broadcasting; 
 (b)   fixation of their programs on a material medium and 
reproduction thereof; 
 (c)   public performance and demonstration of their programs in 
places where admittance is paid.  
 
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4.  The provisions of Article 11 in respect of computer programs shall apply 
mutatis mutandis to producers of phonograms and any other right holders in phonograms as determined in a Member's law.  If on 15 April 1994 a Member has in force a system of equitable remuneration of right holders in respect of the 
rental of phonograms, it may maintain su ch system provided that the commercial 
rental of phonograms is not giving rise to the material impairment of the 
exclusive rights of reproduction of right holders. Article 15. Author's Proprietary Rights 
 
3.  The exclusive right of an author (or other subject of copyright) to 
allow or prohibit the use of a work by other persons shall entitle him 
to allow or prohibit: 
 
 (10)  transfer for property lease and (or) commercial rental after the 
first selling, alienation by other means of the original or 
specimens of audiovisual works, computer software, 
databases, musical works as musical notation, as well as of 
works fixed on a phonogram or videogram or in a computer-
readable form; 
 
Article 43. The Use of Phonograms (Videograms) Published for a 
Commercial Purpose 
 
3.  The remuneration amount for the use of a phonogram (videogram) 
indicated in part one of this Article, as well as the procedure and 
terms of payment shall be determined by the Cabinet of Ministers of 
Ukraine.  
   
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5.  The term of the protection available under this Agreement to performers and 
producers of phonograms shall last at leas t until the end of a period of 50 years 
computed from the end of the calendar year in which the fixation was made or the performance took place.  The term of protection granted pursuant to paragraph 3 shall last for at least 20 years from the end of the calendar year in which the broadcast took place. Article 44. The Period of Validity for Related Rights 
 
1.  The performers' proprietary righ ts shall be protected for 50 years 
after the date of the first recording of a performance. 
  The performers' personal non-proprietary rights stipulated in part  
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one of Article 38 of this Law sh all be protected in perpetuity. 
 
2.  The phonogram and videogram producers' rights shall be protected 
for 50 years after the first publication of a phonogram (videogram) 
or the first sound or video recording unless a phonogram 
(videogram) was published during the indicated period. 
3.  Broadcasting organizations shall enjoy the rights granted under this 
Law for 50 years after the first public  notification of the broadcast. 
4.  The period of protection of related rights shall expire on 1 January 
of the year that follows the year in which the protection term 
stipulated in this Article expires. 
6.  Any Member may, in relation to the rights conferred under paragraphs 1, 2 and 
3, provide for conditions, limitations, ex ceptions and reservations to the extent 
permitted by the Rome Conven tion.  However, the provis ions of Article 18 of 
the Berne Convention (1971) shall also ap ply, mutatis mutandis, to the rights of 
performers and producers of phonograms in phonograms. Article 42. Restriction of the Proprietary Rights of Performers, 
Phonogram and Videogram Producers and Broadcasting Organizations 
 
1.  It shall be permissible to use performances, phonograms 
(videograms), and broadcast programs, to fix, and to reproduce and 
broadcast them for the general public, without consent of 
performers, phonogram (videogram) producers and broadcasting 
organizations and without payment of remuneration in the cases 
stipulated in Articles 21 through 25 of this Law concerning the 
restriction of the proprietary rights of the authors of literary, art and scientific works in case the following requirements are observed: 
 
 (а)   reproduction of the specified objects is conducted exclusively 
with the aim of study or scientific research; 
   (b)   the right to reproduction envisaged in clause "a" of this part 
shall not extend upon export of reproduced specimen of 
phonograms, videograms, broadcast programs beyond the 
customs territory of Ukraine; 
 (c)   subjects of related rights  shall retain the right to fair 
remuneration taking into account a number of reproduced 
specimen.  
  
 
 
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Section 2:  Trademarks 
Article 15  Protectable Subject Matter 
 
1. Any sign, or any combination of signs, capable of distinguishing the goods or 
services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.  Such signs, in particular words including personal 
names, letters, numerals, figurative el ements and combinations of colours as 
well as any combination of such signs, shall be eligible fo r registration as 
trademarks.  Where signs are not inherently capable of distinguishing the relevant goods or services, Members may make registra bility depend on 
distinctiveness acquired through use.  Members may require, as a condition of The Law of Ukraine "On Protection of Rights to Trademarks for 
Goods and Services"  
Article 1. Definitions 
  
For the purpose of this La w the terms below shall be  used in the following 
meanings:  
  -  trademark - a mark for distinguishing goods and services of 
one entity from goods and serv ices of other entities.  
  
 
   
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registration, that signs be visually perceptible. Article 5. Conditions for Providing Legal Protection 
 
2. Object of trademark may be any mark or a combination of marks. Such 
marks may be, particularly words, including proper names, letters, 
figures, graphic elements, colours and combinations of colours, as well as 
any combination of such marks. 
 
Article 6. Grounds for Refusing Legal Protection 
 
1.  In accordance to the present Law legal protection cannot be 
provided to marks that: 
 
 -  are usually not capable of distinguishing, nor acquired such 
capability in the result of their use; 
2. Paragraph 1 shall not be understood to prevent a Member from denying 
registration of a trademark on other grounds, provided that they do not derogate 
from the provisions of the Paris Convention (1967).   
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3. Members may make regist rability depend on use.  However, actual use of a 
trademark shall not be a condition for filing an application for registration.  An application shall not be refused solely on the ground that intended use has not taken place before the expiry of a period of three years from the date of application. Article 6. Grounds for Refusing Legal Protection 
 
Non-use is not mentioned among the grounds for refusing legal protection  
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4. The nature of the goods or services to which a trademark is to be applied shall in 
no case form an obstacle to registration of the trademark. Article 6. Grounds for Refusing Legal Protection 
 
The nature of the goods or services is not mentioned among the grounds 
for refusing legal protection   
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5. Members shall publish each trademark either  before it is registered or promptly 
after it is registered and shall afford a reasonable opportunity for petitions to 
cancel the registration.  In  addition, Members may affo rd an opportunity for the 
registration of a trademark to be opposed. Article 10. Expert Examination of an Application 
 
8.  Any entity may su bmit to the expertise institution a motivated 
objection against the application with respect to no correspondence 
between marks mentioned therein to terms of providing legal 
protection, determined by the present Law. 
 
Article 12. Publication on Issuance of the Certificate 
 
1.  On the basis of the decision on registration of the trademark and 
with the document confirming payment of the state duty for issuing 
the certificate and the duty for publication on issuance of the 
certificate, the information on issuing the certificate shall be published in the official bulletin rendering information on issuance 
of the certificate determined according to the established procedure. + 
 
 
 
 
 
 
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 Article 15. Appeals against the Decision with Respect to the 
Application 
 
1.  An applicant shall have the right to appeal the Institution's decision 
on application in court as well as to the Chamber of Appeals within 
two months after receiving the decision of the Institution or copies 
of materials requested according to clause 3 of Article 10 of the 
present Law. 
9.  The applicant may appeal the decision of the Chamber of Appeals 
that has been approved by the Inst itution in court within two months 
following the receipt of the decision. 
 
Article 19. Invalidation of Certificate 
 
1.  The certificate may be invalidat ed totally or partially through a 
court procedure, if: 
 
 (а)   the registered trademark does  not meet the conditions of legal 
protection; 
 (b)   the certificate contains elemen ts of the trademark, or list of 
goods and services which were not included into the 
application. + 
 
 
 
 
 
 
  
 
 
 
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Article 16.  Rights Conferred 
 
1.  The owner of a registered trademark shall have the exclusive right to prevent all 
third parties not having the owner's cons ent from using in the course of trade 
identical or similar signs for goods or services which are identical or similar to 
those in respect of which the trademark is registered where such use would 
result in a likelihood of confusion.  In case of the use of an identical sign for 
identical goods or services, a likelihood of confusion shall be presumed.  
 
The rights described above shall not prejudice any existing prior rights, nor shall they 
affect the possibility of Members making rights available on the basis of use. 
 Article 16. Rights Arising from the Certificate 
 
5.  The certificate shall confer upon its holder the exclusive right to 
prohibit other entities from usin g without their consent, unless 
otherwise is envisaged by the present Law: 
 
 -  a registered trademark related to goods and services 
mentioned in the certificate; 
 -  a registered trademark with respect to goods and services 
similar to those included into the certificate, if such use may 
result into deception as to the entity producing these goods or 
rendering such services; 
 -   a mark similar to the regi stered trademark with respect to 
goods and services mentioned in the certificate, if such use 
may result in confusion of this mark and the trademark; 
 -   a mark similar to the regi stered trademark with respect to 
goods and services similar to those mentioned in the 
certificate, if such use may result in deception as to the entity 
producing goods or rendering services or this mark and the 
trademark may get confused. 
 
6.  The exclusive right of the certificate holder to prohibit other entities  
 
 
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from using the registered trademark without their consent shall not 
apply to: 
 
 -  exercise of any right, which arose before the date of 
submitting the application or, if priority was claimed, before 
the date of the application's priority; 
 
The Civil Code of Ukraine 
Article 500. The Right of Previous User to a Trademark 
 
1.  Any person who before the date of application submission for a 
trademark, or in case of priority declaration before the date of the 
application priority, for the sake of his operation used a trademark 
in good faith in Ukraine or made considerable and major 
preparation for such use, shall be en titled to continue such use at no 
cost or to use as was envisaged by the mentioned preparation (the previous user right). 
2.  The previous user right can be transferred or passed to another 
person only together with the enterprise or business practice or with 
that part of the enterprise or business practice where a trademark 
was used or considerable and major preparation for such use was 
made.  
 
 
 
 
 
 
  
 
 
2. Article 6 bis of the Paris Convention (1967) shall apply, mutatis mutandis , to 
services.  In determining whether a trademark is well-known, Members shall 
take account of the knowledge of the trademark in the relevant sector of the 
public, including knowledge in the Member concerned which has been obtained 
as a result of the promotion of the trademark. The Law of Ukraine "On Protection of Rights to Trademarks for 
Goods and Services"  
Article 25. Protection of Rights to a Well-Known Trademark 
 
1.  Protection of rights to a well-known trademark shall be performed 
according to Article 6 of the Paris Convention for the Protection of 
Industrial Property and to the present Law, if the trademark was 
recognized as well-known by the Chamber of Appeals or a court. 
2.  When determining whether the trademark is well-known in Ukraine, 
the following factors may be considered, if they are relevant: 
 
 -  the degree of publicity or recognition of the trademark in a 
respective sector of the society; 
 -  duration, volume and geographic region of any use of the 
trademark; 
 -  duration, volume and geographic region of any expansion of 
the trademark including advertising or publication and 
presentation at fairs or exhibitions of goods and/or services 
with respect to which the trademark is used; 
  -  duration and geographic region of any registration and/or 
applications for registration of the trademark, provided the 
trademark is used or is recognized;  
 
 
 
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  -  proof of successful assertion of the rights to the trademark, 
particularly the territory where the trademark is recognized as 
well-known by competent bodies; 
  -  value, which is associated with the trademark. 
3. Article 6 bis of the Paris Convention (1967) shall apply, mutatis mutandis , to 
goods or services which are not similar to those in respect of which a trademark 
is registered, provided that use of that  trademark in relatio n to those goods or 
services would indicate a connection between those goods or services and the owner of the registered trademark and provided that the interests of the owner of the registered trademark are likely to be damaged by such use. Article 25. Protection of Rights to a Well-Known Trademark 
 
4.  From the date, when, according to the decision of the Chamber of 
Appeals or a court, the trademark has become well-known in Ukraine, it shall be granted legal protection the same as it would have been given, if the trademark was submitted for registration in 
Ukraine. 
 It shall also include goods and services that are not related to those, for which the trademark was recognized as well-known in Ukraine, if use of 
the trademark by another entity with respect to such go ods and services 
shows the connection between them and the owner of the well-known 
trademark and their interests may be infringed upon by such use.  
 
 
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Article 17 Exceptions 
 
Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the 
legitimate interests of the owner of the trademark and of third parties. Article 6. Grounds for Refusing Legal Protection 
 
2.  According to the present Law the following marks also cannot 
receive legal protection:  
 
  -  usually having no differentiated meaning and having not 
acquired it due to their use; 
  -  including only commonly used marks to specify goods and 
services of a certain type; 
  -  including only marks or data, which are descriptive when used 
with respect to goods and services mentioned in the 
application or connected thereto, particularly specifying type, 
quality, composition, quantity, properties, purpose, value of 
goods and services, place and time of production or sale of goods or rendering of services; 
 -  deceptive or misleading as to goods, services, or entities, 
producing goods or rendering services; 
  -  including only commonly used symbols and terms;  -  reflecting only the form, which is explained by the natural 
state of goods or the necessity of receiving technical results or 
providing goods with th eir substantial value. 
 
Marks, specified in paragraphs two, three, four, six and seven of the 
present clause, may be included into a trademark as non-protected 
elements, provided they do not have the dominating position in the picture 
of a trademark. +  
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Article 18 - Term of Protection 
 
Initial registration, and each renewal of registration, of a trademark shall be for a term 
of no less than seven years.  The registration of a trademark shall be renewable 
indefinitely. Article 5. Conditions for Providing Legal Protection 
 
3.  The property right to a trademark shall be certified. The certificate 
shall be valid for 10 years from the date of submitting an application 
to the Institution, and may be prolonged by the Institution for 
another 10-year period upon an application from the certificate 
holder, provided a duty is paid according to the procedure set forth 
by clause 2 of Article 18 of the present Law.   
 
+ 
Article 19.  Requirement of Use 
 
1. If use is required to maintain a registration, the registration may be cancelled 
only after an uninterrupted period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner.  Circumstances arising independently of the will of the owner 
of the trademark which constitute an obstacle to the use of the trademark, such 
as import restrictions on or other government requirements for goods or services 
protected by the trademark, shall be recognised as valid reasons for non-use. Article 18. Termination of Certificate's Validity 
 
4.  If the trademark was not used in Ukraine fully or in part related to 
goods and services mentioned in the certificate within three years 
from the date of publishing the information on issuance of the certificate or from other date after the publication, any person shall 
have the right to turn  to court with an application on pre-term 
termination of the certificate's validity fully or partly.  
 
In this case the certificate's validity may be fully or partly suspended only 
on condition that the certificate hold er does not mention serious reasons 
for not using the trademark. Such serious reasons are, particularly:  
 
 -  circumstances impeding use of the trademark regardless of the 
certificate holder's will such as: limitations on import or other requirements for goods and services established by the 
legislation;  
 -  the opportunity to deceive with respect to an entity producing 
goods or rendering se rvices, during the entity's use of the 
trademark, that turned to court, or any other entity with 
respect to goods and services regarding which a requirement 
on termination of the certificate's validity has been set.   
 
 
 + 
2. When subject to the control of its owner, use of a trademark by another person 
shall be recognized as use of the trademark for the purpose of maintaining the 
registration. Article 18. Termination of Certificate's Validity 
 
4.  For purposes of the present clause use of the trademark by the 
certificate holder shall be also use of the trademark by other entity provided the certificate holder exercises control over such use.  
+ 
Article 20.  Other Requirements 
 
The use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements, such as use with another trademark, use in a special form or use 
in a manner detrimental to its capability to distinguish the goods or services of one 
undertaking from those of other undertakings. This will not preclude a requirement 
prescribing the use of the trademark identifying the undertaking producing the goods or services along with, but without linking it to, the trademark distinguishing the specific goods or services in question of that undertaking. There are no special requirements established by the Law as to the use of 
a trademark for goods and services in the course of trade.  
   
+ 
  
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Article 21.  Licensing and Assignment 
 
Members may determine conditions on the licensing and assignment of trademarks, it 
being understood that the compulsory licensing of trademarks shall not be permitted 
and that the owner of a registered trademark shall have the right to assign the 
trademark with or without the transfer of the business to which the trademark belongs. Article 16. Rights Arising from the Certificate 
 
8.  The certificate holder shall have the right to grant a permit (license) 
to any entity for use of their trademark on the basis of a license 
agreement. 
 
License agreement shall include a provision saying that quality of goods 
and services produced or rendered according to the license agreement shall not be lower than quality of goods and services of the certificate 
holder and the latter shall exercise control over performance of this 
provision.  
 
+ 
Section 3:  Geographical Indications The Law of Ukraine "On Protection of Rights  
to Indications of Origin of Goods"  
Article 22.  Protection of Geographical Indications 
 
1.  Geographical indications are, for the purposes of this Agreement, indications 
which identify a good as or iginating in the territory of  a Member, or a region or 
locality in that territory, where a given qua lity, reputation or other characteristic 
of the good is essentially attributable to its geographical origin. 
 Article 1. Definition of Terms 
Qualified indication of origin" is a term, which covers (integrates) the 
following terms:  
 -  name of the place of the product origin" (hereinafter referred 
to as the NPO) shall mean the name of the geographical location used as an indication in the description of products originating in the specified ge ographical location and having 
specific features exclusively or mainly due to the natural 
conditions characteristic of the given geographical location or 
due to the combination of thes e natural conditions with the 
human factor characteristic of the given geographical location; 
 -  geographical indication of origin" (hereinafter referred to as 
the GIO) shall mean the name of the geographical location as 
an indication in the description of goods originating in the 
specified geographical location and having certain qualities, 
reputation or other characteristic s mainly due to the natural 
conditions or the hum an factor characteristic of the given 
geographical location, or due to the combination of such 
natural conditions and human factor; 
  
   
+ 
  
2.  In respect of geographical indications, Members shall provide the legal means 
for interested parties to prevent: 
 
 -  the use of any means in the designation or presentation of a good that 
indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; 
 -  any use which constitutes an act of unfair competition within the meaning 
of Article 10bis of the Paris Convention (1967). 
 Article 6. Provision of the Legal Protection of Indications of Origin 
 
The legal protection of the simple i ndication of the prod uct origin shall 
consist in the prohibition of the use of indications, which either are false, 
or deceive customers as regards the true geographical location of the product origin.  
Article 17. Rights Resultant from the Registration of the Qualified 
Indication of the Product Origin and/or the Right to Use the Same 
  
 
 
 
+   
+ 
   
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4.  The holder of the certificate shall be entitled: 
 
 (b)   to take actions aimed at prohibiting the illegitimate use of the 
qualified indication of the product origin by persons, which 
are not entitled thereto; indication of the product origin by 
persons, which are not entitled thereto;  
 
 
 
 
  (c)   to require persons, who violated his rights, to stop the 
violations and provide the reimbursement for the material and moral damages according to the procedure established by the law. reimbursement for the material and moral damages 
according to the procedure established by the law. 
 
Article 23. Violation of Rights to Use the Indication of the Product 
Origin 
 
1.  The use of a false indication or an indication misleading the 
customer with regard to the true place of the product origin shall 
constitute the violation of rights to  use the indication of the product 
origin. 
2.  Any encroachment on the right of the certificate holder to use the 
registered qualified indication of the product origin  shall entail the 
liability under the law. 
3.  The following is the violation of rights of the certificate holder to 
use the registered qualified indication of the product origin: 
 
 (а)   the use of the registered qualified indication of the product 
origin by a person, which is not in possession of the certificate 
confirming the right to use it;  
 (b)   the use of the registered i ndication of the product origin, if the 
product in question does not originate from the geographical location registered for such an indication, even if the true 
place of the product origin or its indication is used in 
translated form or accompanied by terms such as "kind", 
"type", "style", "make", "imitation", etc.;  
 (c)   the use of the registered qualified indication of the product 
origin or another  similar indication for the similar goods 
other than those described in the Register, if such use misleads consumers with regard to the product origin and its specific 
properties or other characteristics, as well as for non-similar 
goods, if such use causes damage to the reputation of the 
registered indication or constitutes the illegitimate use of its 
reputation;   
  (d)   the use of the registered qualified indication of the product 
origin as a generic name.   
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Article 25. Protection Remedies 
 
1.  Protection of the rights to indication of a product shall be exercised 
according to the judicial and other statutory procedure. 
2.  Jurisdiction of courts shall exte nd to all legal relations arising due to 
the exercise of this Law.  
 
According to their respective competence, the courts of law shall consider the disputes on:  
 
 -  the legality of the registration of the qualified indication of the 
product origin;  
 -  establishment of a facto of the use of the qualified indication 
of the product origin;  
 -  violation of the rights of the holder of the registration 
certificate for the use of the qualified indication of product origin;  
 -  compensation. 
3. A Member shall, ex officio if its legislation so permits or at the request of an 
interested party, refuse or invalidate  the registration of a trademark which 
contains or consists of a geographical indication with respect to goods not 
originating in the territory indicated, if use of the indication in the trademark for such goods in that Member is of such a nature as to mislead the public as to the true place of origin. 
 The Law of Ukraine "On Protection of Rights to Trademarks for 
Goods and Services 
Article 6. Grounds for Refusing Legal Protection 
 
3.  Marks cannot be registered as trademarks, if they are identical or 
similar and hence cannot be distinguished from: 
 
 -  qualifying indications of goods' origin (including or alcohols 
and alcoholic beverages), which are protected according to the 
Law of Ukraine "On Protection of Rights to Indication of 
Goods Origin". Such marks may be only non-protected 
elements of tradem arks of entities en titled to use these 
indications.  
 
 
+  
4. The protection under paragraphs 1, 2 and 3 shall be applicable against a 
geographical indication, whic h, although literally true as to the territory, region 
or locality in which the goods originate, falsely represents to the public that the goods originate in another territory. Article 8. Grounds for Refusal to gr ant Legal Protections to Qualified 
Indications of Origin of Goods 
 
1.  This Law shall not grant legal protections to a qualified indication 
of origin of goods, which: 
 
 (d)   correctly indicates the geographical location of production of 
goods, but confuses customers so that they have an erroneous 
idea that goods have been produced in some other 
geographical location;  
+ 
  
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Article 23.  Additional Protection for Geographical Indications for Wines and 
Spirits 
 
1. Each Member shall provide the legal means for interested parties to prevent use 
of a geographical indication identifying wines for wines not originating in the 
place indicated by the geographical indication in question or identifying spirits 
for spirits not originating in the place indicated by the geographical indication in 
question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", 
"type", "style", "im itation" or the like. The Law of Ukraine "On Protection of Rights to Indications of 
Origin of Goods" 
Article 23. Violation of Rights to use Indications of Origin of Goods 
 
3.  The following shall be violations of rights of the holder of the 
certificate to use the registered qualified indication of origin: 
 
 (b)   use of the registered geographical indication of origin of 
goods, if such goods do not originate from the geographical 
location as registered for such indication, even if the true 
place of origin or the geographical indication of origin of 
goods is used in the translation or is accompanied by the 
words: "kind", "type", "style", "make", "imitation", etc.   
+ 
2. The registration of a trademark for wines which contains or consists of a 
geographical indication identifying wine s or for spirits which contains or 
consists of a geographical indication identifying spirits shall be refused or 
invalidated, ex officio if a Member's legislation so permits or at the request of an 
interested party, with respect to such wines or spirits not having this origin. The Law of Ukraine "On Protection of Rights to Trademarks for Goods 
and Services" 
Article 6. Grounds for Refusing Legal Protection 
 
3.  Marks cannot be registered as trademarks, if they are identical or 
similar and hence cannot be distinguished from: 
 
 -  qualifying indications of goods' origin (including or alcohols 
and alcoholic beverages), which are protected according to the Law of Ukraine "On Protection of Rights to Indication of Goods Origin". Such marks may be only non-protected 
elements of tradem arks of entities en titled to use these 
indications.  
 
 
+ 
 
3.  In the case of homonymous geographical indications for wines, protection shall 
be accorded to each indication, subject to the provisions of paragraph 4 of 
Article 22. Each Member shall determin e the practical cond itions under which 
the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled. Article 7. Conditions of Provision of Legal Protection 
 
6.  Legal protections shall be granted to homonymic indications of 
origin of goods, provided that it will prevented that customers are mislead as regards the actual identification of goods, the geographical location of their origin, or its boundaries.  
 
+ 
4. In order to facilitate the protection of geographical indications for wines, 
negotiations shall be undertaken in the Council for TRIPS concerning the 
establishment of a multilateral system of notification and registration of 
geographical indications for wines eligible for protection in those Members 
participating in the system.   
 
Article 24.  International Negotiations; Exceptions 
 
1. Members agree to enter into negotiations aimed at increasing the protection of 
individual geographical indications under Article 23.  The provisions of 
paragraphs 4 through 8 below shall not be used by a Member to refuse to 
conduct negotiations or to conclude bilate ral or multilateral agreements.  In the 
context of such negotiations, Members sha ll be willing to consider the continued   
 +  
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applicability of these provisions to individual geographical indications whose 
use was the subject of such negotiations. 
2. The Council for TRIPS shall keep under review the application of the provisions 
of this Section;  the first such review shall take place within two years of the 
entry into force of the WTO Agreement.  Any matter affecting the compliance 
with the obligations under th ese provisions may be drawn to the attention of the 
Council, which, at the request of a Member, shall consult with any Member or 
Members in respect of such matter in respect of which it has not been possible to find a satisfactory solution through bilateral or plurilateral consultations between the Members concerned.  The Council shall take such action as may be agreed to 
facilitate the operation and further the objectives of this Section.   
 
 
+ 
3. In implementing this Section, a Memb er shall not diminish the protection of 
geographical indications that existed in that Member immediately prior to the 
date of entry into force of the WTO Agreement.   
+ 
4. Nothing in this Section shall require a Member to prevent continued and similar 
use of a particular geographical indication of another Member identifying wines 
or spirits in connection with goods or services by any of its nationals or domiciliaries who have used that geographical indication in a continuous manner with regard to the same or  related goods or services in the territory of that 
Member either (a) for at least ten years preceding 15 April 1994 or (b) in good 
faith preceding that date.  + 
 
 
5. Where a trademark has been applied for or registered in good faith, or where 
rights to a trademark have been acquired through use in good faith either: 
 
 -  before the date of application of these provisions in that Member as 
defined in Part VI; or 
 -  before the geographical indication is protected in its country of origin. 
 
Measures adopted to implement this Section shall no t prejudice eligibility for or the 
validity of the registration of a trademark, or the right to use a trademark, on the basis 
that such a trademark is identical with, or similar to, a geographical indication.  +* 
(Note.* Article 19 
"Invalidation of Certificate" 
of the Law of Ukraine "On 
Protection of Rights to 
Trademarks for Goods and 
Services" provides an 
exhaustive list of cases, 
where court declares invalid 
the rights to a trademark, 
which does not include the 
possibility of invalidation the 
certificate for a trademarks 
for goods and services on the 
grounds that the trademark is 
identical to a geographic 
indication or is similar to it 
6. Nothing in this Section shall require a Member to apply its provisions in respect 
of a geographical indication of any other Member with respect to goods or 
services for which the relevant indication is identical with the term customary in 
common language as the common name for such goods or services in the territory of that Member.  Nothing in this Section shall re quire a Member to 
apply its provisions in respect of a geographical indication of any other Member Article 8. Grounds for Refusal to grant Legal Protections to Qualified 
Indications of Origin of Goods 
1. This Law shall not grant legal prot ections to a qualified indication of 
origin of goods, which: c) is a generic product name;  
 
 
+   
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with respect to products of the vine for wh ich the relevant indication is identical 
with the customary name of a grape variety existing in the territory of that 
Member as of the date of entry into force of the WTO Agreement. 
7. A Member may provide that any request made under this Section in connection 
with the use or registration of a trademark must be presented within five years 
after the adverse use of the protected indication has become generally known in 
that Member or after the date of registration of the trademark in that Member 
provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in that Member, provided that the geographical indication is not used or registered in 
bad faith.   
 
 
8. The provisions of this Section shall in no way prejudice the right of any person 
to use, in the course of trade, that person's name or the name of that person's 
predecessor in business, except where such name is used in such a manner as to 
mislead the public.   
 
+ 
9. There shall be no obligation under this Agreement to protect geographical 
indications which are not or cease to be protected in their country of origin, or which have fallen into disuse in that country. 
 Article 8. Grounds for Refusal to gr ant Legal Protections to Qualified 
Indications of Origin of Goods 
 
2.  This Law shall not grant legal protections to a qualified indication 
of origin of goods associated with a geographical location in a 
foreign country, if: 
 
 (а)   Ukraine has not concluded a relevant agreement with the 
foreign country regarding reciprocal protection of this type of 
indications of origin; 
 (b)   this indicatio n is not protected in the applicable foreign 
country.  
 + 
Section 4:  Industrial Designs 
Article 25.  Requirements for Protection 
 
1. Members shall provide for the protection of independently created industrial 
designs that are new or original.  Members may provide that designs are not new 
or original if they do not significantly differ from known designs or 
combinations of known design features.  Members may provide that such 
protection shall not extend to designs dictated essentially by technical or 
functional considerations. The Law of Ukraine "On Protection of Rights to Industrial Designs" 
Article 5. Conditions for Legal Protection 
 
1. Legal protection shall be given to the industrial design, provided it 
does not contradict with the public order, humane and morale 
principles and meet the conditions for patent validity. 
2.  Object of industrial design may be presented by a form, drawing, or 
coloured picture, or a combination of those, which determine a look 
of the industrial product and are meant for satisfaction of aesthetic 
and ergonomic demands. 
  
 
+ 
 
 Article 6.  Conditions of Patentability for Industrial Design 
 
1.  Industrial design meets conditions of patentability, provided it is 
new.   
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2. Each Member shall ensure that requir ements for securing protection for textile 
designs, in particular in regard to any cost, examination or publication, do not 
unreasonably impair the opportunity to seek and obtain such protection.  
Members shall be free to meet this obligation through industrial design law or 
through copyright law.  + 
 
Article 26.  Protection 
 
1. The owner of a protected industrial design shall have the right to prevent third 
parties not having the owner's consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the 
protected design, when such acts are undertaken for commercial purposes. 
 Article 20 Rights under Patent 
 
2.  The patent shall give its holder the exclusive right to use the 
industrial design at his own discretion, provided this use does not violate rights of other patent holders.  
 
Use of the industrial design shall mean production of product with use of the patented industrial design, use of such product, offer for sale, including via Internet, sale, import  and other introduction into civil 
circulation or storage of such products for the above-mentioned purposes. 
 
A product shall be recognized as produced with the use of the industrial 
design, provided all significant charac teristics of the industrial design 
were used in production. 
 
3.  The patent shall give its holder the right to prohibit to other entities 
to use the industrial design without his permit, except for the cases, where the use of the industrial design is not recognized by this Law as violation of patent holder's rights. 
 
Article 26. Violation of Patent Holder's Rights 
 
1.  Any encroachment on the rights of the patent holder, contained in 
article 20 of this Law, shall be considered as violation of the patent 
holder's rights, which entails responsibility in accordance with the current legislation of Ukraine. 
2.  On patent holder's demand such violation shall be terminated and 
the violator shall compensate the caused losses to the holder.  
 
 +  
2. Members may provide limited exceptions to the protection of industrial designs, 
provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice 
the legitimate interests of the owner of the protected design, taking account of 
the legitimate interests of third parties. Article 22.  Actions Not Recognized as Violation of Rights 
 
1.  Any entity, that before th e application is submitted to the 
Institution, or – if the priority is claimed – before the date of 
priority, in the interests of his activities duly used the claimed 
industrial design in Ukraine and performed a hard preparatory work 
for this use, shall retain the right to  free use of this industrial design, 
as it was envisaged by the named preparatory work (the right of 
prior use). 
 
The right of prior use may be transferred or pass to another entity only  
 + 
 
  
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together with the enterprise or business practice, or the part of the 
enterprise or business practice with respect to which the named industrial 
design was used, or a serious preparatory work for such use was 
performed. 
 
2.  The use of the patented industrial design shall not be considered as 
violation of the rights under th e patent in the following cases: 
  -  construction or exploitation of a vehicle of a foreign country 
which temporary or incidentally stays in the waters, air, or the 
territory of Ukraine, provided the industrial design is used 
exclusively for the requirements of this vehicle; 
 -  without a commercial purpose; 
 -  for a scientific purpose, or as an experiment; 
 -  extraordinary situations (calamities, accidents, epidemics, 
etc.) with notification about such use sent to the patent-holder immediately, after it became practically possible and with 
payment of a respective compensation thereto. 
 
3.  There shall not be recognized as violation of the rights under patent 
the setting forth into civil circulation of the product, produced with 
use of the industrial design, following setting forth the same product 
into the civil circulation by the patent holder, or on his special 
permit. 
3. The duration of protection available shall amount to at least ten years. Article 5 Conditions for Legal Protection 
 
5.  The property right to an industrial design shall be certified by the 
patent. 
 
The validity term of the patent for the industrial design shall be 10 years from the date of submitting the application to the Institution, and shall be 
extended by the Institution on request of the patent holder, but no more 
than for 5 years. + 
Section 5:  Patents The Law of Ukraine "On Protection of Rights to Inventions and Utility 
Models" (hereinafter – the Law).  
Article 27.  Patentable Subject-matter 
 
1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for 
any inventions, whether products or processes, in all fields of technology, 
provided that they are new, involve an inventive step and are capable of 
industrial application.  Article 1. Definition of Terms 
 
The terms listed herein below sha ll have the following meaning: 
 
 -  invention (utility model) shall be understood as a result of an 
intellectual activity of a person in any sphery of technology. 
 
 
  
 +   
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Article 6. Conditions of the Legal Protection 
 
1.  The legal protection shall be gran ted to an invention (utility model), 
which does not contradict public interest, principles of humanity 
and moral and complies with patentability conditions. 
2.  The following may be an object of invention (utility model) which 
legal protection is granted according to the present Law: 
  -  a product (device, substance, culture of micro-organisms, 
culture of cells of plants and animals, etc.); 
 -  a process (method), as well as new application of an earlier 
known product or process. 
 
Article 7. Patentability Conditions of an Invention 
 
1.  An invention shall meet patentability conditions if it is novel, 
involves an inventive step and is capable of industrial application. 
Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this 
Article, patents shall be available and patent rights enjoyable without discrimination as 
to the place of invention, the field of technology and whether products are imported or 
locally produced. Article 5. Rights of Foreign and Stateless Persons 
 
1.  Foreign and stateless persons shall enjoy rights provided for hereby 
on an equal basis with citizens of Ukraine according to international 
treaties of Ukraine ratified by the Verkhovna Rada of Ukraine as binding.  
+ 
2. Members may exclude from patentability inventions, the prevention within their 
territory of the commercial exploitation of which is necessary to protect 
order public or morality, including to protect human, animal or plant life or 
health or to avoid serious prejudice to the environment, provided that such 
exclusion is not made merely because the exploitation is prohibited by their law. Article 6. Conditions of the Legal Protection 
 
1.  The legal protection shall be gran ted to an invention (utility model), 
which does not contradict public interest, principles of humanity 
and moral and complies with patentability conditions.  
 
+ 
3. Members may also exclude from patentability: Article 6. Conditions of the Legal Protection 
 
3.  The following shall not be eligible for the legal protection 
hereunder: + 
 -  diagnostic, therapeutic and surgical methods for the treatment of humans 
or animals;   
 -  plants and animals other than micro-organisms, and essentially biological 
processes for the production of plants  or animals other than non-biological 
and microbiological processes.  However,  Members shall provide for the protection of plant varieties either by patents or by an effective sui generis 
system or by any combination thereof.  The provisions of this 
subparagraph shall be reviewed four years after the date of entry into force 
of the WTO Agreement. plant varieties and animal breeds. 
 
 Plant varieties are protected by the Law "On Protection of Rights to Varieties of Plants". 
  
+  
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Article 28.  Rights Conferred 
 
1. A patent shall confer on its owner the following exclusive rights: Article 28. Rights Resulting from a Patent 
 
2.  The patent shall confer on its holder the exclusive right to use the 
invention (utility model) at his discretion, unless such use infringes 
upon rights of other patent holders.  
 -  where the subject matter of a patent is a product, to prevent third parties 
not having the owner's consent from the acts of:  making, using, offering 
for sale, selling, or importing for these purposes that product; The following shall be considered to be use of an invention: 
 
 -  manufacturing of a product with the use of a patented 
invention (utility model), application of such product, offering 
for sale, including through the Internet, sale, importation and other introduction into civil turnover or storage of such product for the above purposes;  
 -  application of the method protected by the patent or offering 
thereof for the application in Uk raine, if the person offering 
such method is aware of such application's being prohibited 
without consent of the patent holder or, in view of 
circumstances, it is obvious.  
 
5.  The patent shall confer upon its holder the exclusive right to 
prohibit other persons from using the invention (utility model) without his consent, except for cases, when such use is not considered by this Law to be an infringement upon rights conferred 
by the patent hereunder. + 
 -  where the subject matter of a patent is a process, to prevent third parties 
not having the owner's consent from the act of using the process, and from the acts of: using, offering for sale, selling, or importing for these purposes 
at least the product obtained directly by that process; Article 6. Conditions of the Legal Protection 
 
6.  A patent (declarative patent) granted for a method of obtaining a 
product shall also apply to the product directly derived using such 
method.   
+ 
2. Patent owners shall also have the right to assign, or transfer by succession, the 
patent and to conclude licensing contracts. Article 10. Right of a Successor 
 
The right to obtain a patent may be enjoyed by a successor of the inventor 
or that of the employer respectively. 
 
Article 28. Rights Resulting from a Patent 
 
6.  A patent holder may cede the titl e to an invention (utility model) on 
a contractual basis to any person, which becomes his successor. Such cession in respect of a secret invention (utility model) shall be effected only in concurrence with the State Expert. 
7.  A patent holder shall grant a permit (license) to any person for the 
use of the invention (utility model) on the basis of a license 
agreement, and in respect of a secret invention (utility model) such 
permit shall be issued only in concurrence with the State Expert.   
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Article 29.  Conditions on Patent Applicants 
 
1. Members shall require that an applicant for a patent shall disclose the invention 
in a manner sufficiently clear and complete for the invention to be carried out by 
a person skilled in the art and may require the applicant to indicate the best 
mode for carrying out the invention known to the inventor at the filing date or, 
where priority is claimed, at the priority date of the application. Article 12. Application  
 
7.  The description of the invention (utility model) shall be set forth 
according to the established procedure and disclose the content of 
the invention (utility model) so clearly and fully that a specialist in 
the relevant field be able to produce it. 
8.  The formula of the invention (utility model) shall express its 
content, be based upon the description and be set forth clearly and concisely according to the established procedure.  
 
+ 
2. Members may require an applicant for a patent to provide information 
concerning the applicant's corresponding foreign applications and grants. Article 15. Priority 
 
2.  Within 3 months of the date of filing the application with the 
Institution, the applicant who desires to exercise his right of priority 
shall file an application for priority, with reference to the date of 
filing and the number of the preliminary application, with a copy 
thereof, if such application has been filed in a foreign country that is 
a state party to the Paris Convention for the Protection of Industrial 
Property.  
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Article 30.  Exceptions to Rights Conferred 
 
Members may provide limited exceptions to the exclusive rights conferred by a patent, 
provided that such exceptions do not unreasonably conflict with a normal exploitation 
of the patent and do not unreasonably prejudice the legitimate interests of the patent 
owner, taking account of the legitimate interests of third parties. Article 31. Actions not Deemed to  Constitute Infringement upon 
Rights 
 
1.  Any person, which has used the technological (technical) solution 
identical to the claimed invention (u tility model) in the interests of 
his activities for commercial purposes bona fide or made 
considerable and serious preparations to such use prior to the date of 
the submission of an application to the Institution or, if the priority is claimed, prior to the date of pr iority, shall retain the right to the 
gratis continuation of such use or to the use of the invention (utility 
model) envisaged by the said preparations (right of prior use). 
 
The right of prior use shall be restricted by the scope of the use of the 
solution identical to the claimed invention, which existed as of the 
application submission date.   2.  The following use of the patented  invention (utility  model) shall not 
be considered to constitute the infringement upon rights resulting 
from a patent: 
 
 -  the use in the design or in the course of the operation of a 
vehicle of a foreign state, which sojourns temporarily or 
accidentally in waters, airspace or on the territory of Ukraine, 
provided that the invention (utility  model) is being used solely 
for the needs of the said vehicle; 
 -  the use without commercial purposes;  -  the use for scientific or experimental purposes; 
 -  the use in cases of emergency (acts of God, disasters, 
epidemics, etc.) with the followi ng notification of the patent 
holder immediately it becomes practically possible with payment of a relevant compensation. 
 
3.  The introduction in business turnover of a product manufactured 
using the patented invention (utili ty model) by any person, which 
acquired it without infringing upon ri ghts of the holder, shall not be 
considered to constitute infringement upon rights resulting from a 
patent. 
 
A product manufactured using the patent ed invention (utility model) shall 
be deemed to have been acquired without infringing upon rights of the patent holder, if such product has been manufactured and/or introduced in 
the turnover after the manufacture by the patent holder or another person 
upon special permit (license) of the patent holder.   
 
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4.  The use of an invention for commercial purposes by any person, 
which acquired a product manufactured using the patented invention 
and could not know that such product has been manufactured or 
introduced in the turnover with infringement upon rights conferred 
by the patent, shall not be consider ed to constitute the infringement 
upon rights resulting from the patent. However, upon receipt of an 
appropriate notice of the owner of rights, the said person shall cease 
using the product or pay the owner of rights relevant costs, whose amount shall be ascertained according to laws or upon consent of 
the parties. The disputes related to such payments and the 
disbursement procedures shall be settled by way of a court 
procedure. 
Article 31.  Other Use Without Authorization of the Right Holder 
 
Where the law of a Member allows for other use of the subject matter of a patent 
without the authorization of the right holder, including use by the government or third 
parties authorized by the government, the following provisions shall be respected: 
- authorization of such use shall be considered on its individual merits; 
 Article 30. Forced Alienation of Rights to an Invention (Utility 
Model) 
 
1.  If an invention (utility model), except for a secret invention (utility 
model), has not been used or has been used not fully in Ukraine 
during three years after the date of the publication of the 
information on the patent issue or after the date, when the use of the 
invention (utility model) was terminated, th en any person desirous 
of and prepared to using the invent ion (utility model) may refer to 
the court of law with an application for a permit to use the invention (utility model) on a non-exclusive license conditions, in case of the refusal of the owner of rights to conclude a license agreement. 
 
Unless the patent holder proves that the failure to  use the invention (utility 
model) was caused by justifiable reasons for non-use, the court of law 
shall pass a decision to grant the perm it to the interested person to use the 
invention stating the scope of the application, the term of validity of the 
permit, the amount and the procedure of the payment of compensation to the patent holder, whereby the right of  the patent holder to grant permits 
for the use of an invention (utility model) shall not be restricted. 
 
3.  In order to protect health of the population, ecological safety and 
other public interest the Cabinet of Ministers of Ukraine shall have 
the right to permit a person nominated thereby to use a patented 
invention (utility model) without cons ent of the holder of the patent 
(declarative patent), in case of their groundless refusal to issue a license for use of the invention (utility model). However: 
 
  (1)   a permit to such use shall be granted upon certain 
circumstances; 
 (2)   volume and term for such  use shall be determined by the 
objective of the given permit and in case of a semi-conductor  
 
 
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technology it has to be only non-commercial use by state 
bodies or correction of an ti-competitive practice upon a 
decision of a respective state body; 
  (3)   a permit for such use shall not rid the patent holder of the right 
to grant permits to use the invention (utility model); 
  (4)   the right to such use shall not be transferred expect for cases, 
when it is transferred together with that part of an enterprise 
or business practice, in which such use is exercised; 
 (5)   use shall be permitted mainly for satisfying needs of the 
internal market; 
 (6)   the patent holder shall be sent a notification as soon as it 
becomes practically possible on providing a permit to use the 
invention (utility model); 
  (7)   the permit for use shall be cancelled, if circumstances, which 
caused its issuance, are not valid any more; 
 (8)   the patent holder shall be paid an adequate compensation with 
respect to economic value of th e invention (utility model).  
 
The decision of the Cabinet of Ministers of Ukraine on issuing permit for 
use of the invention (utility model), term and conditions for the issuance, 
cancellation of permit for use, amount and procedure for paying 
compensation to the patent holder may be appealed in court. 
This requirement may be waived by a Member in the case of a national emergency or 
other circumstances of extreme urgency or in cases of public non-commercial use. Article 31. Actions not Deemed to  Constitute Infringement upon 
Rights 
 
2.  The following use of the patented  invention (utility  model) shall not 
be considered to constitute the infringement upon rights resulting 
from a patent: 
 
 -  the use in the design or in the course of the operation of a 
vehicle of a foreign state, which sojourns temporarily or 
accidentally in waters, airspace or on the territory of Ukraine, 
provided that the invention (utility  model) is being used solely 
for the needs of the said vehicle; 
 -  the use without commercial purposes; 
 -  the use for scientific or experimental purposes;  
 -  the use in case of extraordinary situations (acts of God, 
disasters, epidemics, etc.) with  the notification of the patent 
holder immediately it becomes possible and the payment of 
relevant compensation to the latter.  
+ 
In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable.  In the 
case of public non-commercial use, where the government or contractor, without 
making a patent search, knows or has demonstrable grounds to know that a valid The Procedure for providing a permit by the Cabinet of Ministers of 
Ukraine for using the invention (uti lity model), indust rial design or 
integrated circuit design is approved by the Resolution of the Cabinet of 
Ministers of Ukraine No. 8 of 6 January 2004, (hereinafter – the  
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patent is or will be used by or for the government, the right holder shall be informed 
promptly; Procedure). 
  
Point 7 of the Procedure "The Ministry of Science and Education shall 
inform all interested authorities about the decision made by the Cabinet of 
Ministers of Ukraine". 
 
Article 30, point 3 of the Law 
  (6)   the patent holder shall be notified on granting the permit for 
the use of a invention (utility  model) immediately it becomes 
practically possible; 
 (с)   The scope and duration of such use shall be limited to the purpose for 
which it was authorized, and in the case of semi-conductor technology shall only be for public non-commercial use or to remedy a practice 
determined after judicial or administrative process to be anti-competitive; The Law of Ukraine "On Protection of Rights to Inventions and 
Utility Models" Article 30. Forced Alienation of Rights to an Invention (Utility 
Model)  
 
3.  Taking into account the health of the public, ecological safety and 
other public interests, the Cabinet of Ministers of Ukraine shall have 
the right to allow the use of the invention (utility model) without 
consent of the holder of the patent (declarative patent) in the event 
of his/her groundless refusal to issue the license for the use of the 
patent (utility model). In such case: 
  (2)   the scope and duration of such use shall be determined by the 
purpose of the granted permit, and in the event of a 
semiconductor technology it sh all be only non-commercial 
use by state authorities or correction of an anti-competition 
practice upon a resolution of a relevant state authority;  
 + 
 (d)   such use shall be non-exclusive; Article 30, point 3 of the Law  
 
 (3)   the permit for such use shall not deprive the patent holder of 
the right to grant permits for th e use of the invention (utility 
model);  
 +  
 (e)   such use shall be non-assignable, except with that part of the enterprise or 
goodwill which enjoys such use; Article 30, point 3 of the Law  
 
 (4)   the right to such use shall not be transferred expect for cases, 
when it is transferred together with that part of an enterprise or business practice, in which such use is exercised;  
+ 
 (f)   any such use shall be authorized predominantly for the supply of the 
domestic market of the Member authorizing such use; Article 30, point 3 of the Law  
 
  (5)   use shall be permitted mainly for satisfying needs of the 
internal market; +  
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 (g)   authorization for such use shall be liable, subject to adequate protection of 
the legitimate interests of the persons so authorized, to be terminated if and 
when the circumstances which led to it cease to exist and are unlikely to 
recur.  The competent authority shall have the authority to review, upon 
motivated request, the continued existence of these circumstances; Procedure 
 
8.  Should the circumstances that were grounds for granting the permit 
for the use of the object cease to exist, the authority that controls 
over its use, upon approval of the competent authority shall submit a 
proposal to the Ministry of Education and Science (MES) as to the 
cancellation of the permit, and the MES shall prepare relevant 
proposals to the Cabinet of Ministers of Ukraine. 
 9.  The Cabinet of Ministers of Ukraine shall consider the MES 
proposals and within two weeks make a decision on cancellation of 
the permit or deny such cancellation. The MES shall inform all the 
interested parties on the decision made by the Cabinet of Ministers 
of Ukraine. 
10.  The permit may be cancelled upon reasoned petition of a person that 
uses the object. The said petition sh all be submitted to the authority 
that controls the use of the object. Relevant proposals regarding cancellation shall be considered according to items 8 and 9 hereof. 
11.  In the event of violation of the conditions of the object use by a 
person that has a relevant permit, the Cabinet of Ministers may 
cancel such permit.  + 
 
 (h)   the right holder shall be paid adequate remuneration in the circumstances 
of each case, taking into account the economic value of the authorization; Article 30 of the Law, point 3 
8) the patent holder shall be paid an adequate compensation with respect to economic value of the invention (utility model) + 
 (i)   the legal validity of any decision relating to the authorization of such use 
shall be subject to judicial review or other independent review by a distinct 
higher authority in that Member;  
 (j)   any decision relating to the remuneration provided in respect of such use 
shall be subject to judicial review or other independent review by a distinct 
higher authority in that Member; Article 30 of the Law, point 3 
The decision of the Cabinet of Ministers of Ukraine on issuing permit for 
use of the invention (utility model), term and conditions for the issuance, 
cancellation of permit for use, amount and procedure for paying 
compensation to the patent holder may be appealed in court. 
 + 
 
 
 
 
+ 
 (k)   Members are not obliged to apply the conditions set forth in 
subparagraphs (b) an d (f) where such use is pe rmitted to remedy a practice 
determined after judicial or administra tive process to be anti-competitive.  
The need to correct anti-competitive practices may be taken into account 
in determining the amount of remuneration in such cases. Competent 
authorities shall have the authority to refuse termination of  authorization if 
and when the conditions which led to  such authorization are likely to 
recur;  + 
 (l)   where such use is authorized to permit the exploitation of a patent ("the 
second patent") which cannot be exploited without infringing another patent ("the first patent"), the following additional conditions shall apply:  
 
  ( і)  the invention claimed in the second patent shall involve an important 
technical advance of considerable economic significance in relation 
to the invention claimed in the first patent; Article 30. Forced Alienation of Rights to an Invention  
 
2.  A patent holder shall be obliged to grant a permit (license) for the 
use of the invention (utility model) to a holder of a patent granted 
later, if the latter's invention (utilit y model) is intended for attaining 
another objective or has considerable technical and economic 
advantages but may not be used w ithout infringement on rights of + 
   
 
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  ( іі)  the owner of the first patent shall be entitled to a cross-licence on 
reasonable terms to use the invention claimed in the second patent; 
  ( ііі)  the use authorized in respect of the first patent shall be non-
assignable except with the assignment of the second patent. the owner of the patent granted earlier. The permit shall be granted 
in the scope required to use the invention (utility model) by the 
holder of the patent granted later. In this case, the owner of the 
patent granted earlier shall have the right to obtain a license for 
using the invention (utility model), which is protected by the patent 
granted later, on favourable conditions.  
 
+ 
 
Article 32.  Revocation/Forfeiture 
 
An opportunity for judicial review of any decision to revoke or forfeit a patent shall be available. Article 35. Protection Remedies 
 
2.  According to their competence, the courts shall consider the 
disputes related to: 
 
 -   authorship to an invention (utility model); 
 -   establishment of the fact of the use of an invention (utility 
model); 
 -   establishment of a patent holder; 
 -   infringement upon patent holder's rights; 
 -   conclusion and execution of license agreements; 
 -   the right of prior use; 
 -   compensation.  
 + 
Article 33.  Term of Protection 
 
The term of protection available shall not end before the expiration of a period of 
twenty years counted from the filing date. Article 6. Conditions of the Legal Protection 
 
4.  The term of patent shall be 20 years from the date of filing the 
application to the Institution.  
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Article 34.  Process Patents; Burden of Proof 
 
1. For the purposes of civil proceedings in respect of the infringement of the rights 
of the owner referred to in paragraph 1(b) of Article 28, if the subject matter of a 
patent is a process for obtaining a product, the judicial authorities shall have the 
authority to order the defendant to prove that the process to obtain an identical 
product is different from the patented process.  Therefore, Members shall 
provide, in at least one of the followin g circumstances, that any identical product 
when produced without the consent of the patent owner shall, in the absence of 
proof to the contrary, be deemed to have been obtained by the patented process: 
 
 (а)   if the product obtained by the patented process is new; 
 (b)   if there is a substantial likelihood that the identical product was made by 
the process and the owner of the patent has been unable through 
reasonable efforts to determine the process actually used. Article 28, point 2 of the Law 
 
A process protected by a patent shall be recognized to have been used, if 
each feature included in an independent item of the formula of the 
invention (utility model) or a feature equivalent therewith is used. 
 
Any product, whose manufacture process is protected by a patent is to be 
considered as produced with the use of this process if there are no evidence proving otherwise, provided at least one of the following 
requirements are met:  
 
 -  a product manufactured with use of the process protected by a 
patent is new;  
 -  there are reasons to think that the above-mentioned product is 
manufactured with the use of the given process and the patent holder can not determine the process used for manufacturing this product through the applied efforts.  
 
In this case the duty of proving th at the process of manufacturing the 
product, identical to that manufactured with use of a process protected by 
a patent, differs from the latter is to be placed upon a person with respect 
to whom there are reasons to think they have violated rights of the patent 
holder.  
 
+ 
2. Any Member shall be free to provide that the burden of proof indicated in 
paragraph 1 shall be on the alleged infringer only if the condition referred to in 
subparagraph (a) is fulfilled or only if the condition referred to in 
subparagraph (b) is fulfilled.   
3. In the adduction of proof to the contrary , the legitimate interest s of defendants in 
protecting their manufacturing and business secrets shall be taken into account.  + 
Section 6:  Layout-Designs (Topographies) of Integrated Circuits The Law of Ukraine "On Protection of Rights to Integrated Circuit 
Designs" (hereinafter – the Law)  
Article 35.  Relation to the IPIC Treaty 
 
Members agree to provide protection to the layout-designs (topographies) of 
integrated circuits (referred to in this Ag reement as "layout-designs") in accordance 
with Articles 2 through 7 (other than paragraph 3 of Article 6), Article 12 and 
paragraph 3 of Article 16 of the Treaty on Intellectual Property in Respect of Integrated Circuits and, in addition, to  comply with the following provisions.   
Article 36.  Scope of the Protection 
 
Subject to the provisions of paragraph 1 of Article 37, Members shall consider 
unlawful the following acts if performed without the authorization of the right holder 
importing, selling, or otherwise distribut ing for commercial pu rposes a protected 
layout-design, an integrated circuit in which a protected layou t-design is incorporated, Article 16. Rights Arising From Registration of IC Design 
 
3.  The registration shall entitle the owner of the registered IC design 
to: 
 
- prevent other entities from using the IC design without his  
  
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or an article incorporating such an integrated circuit only in so far as it continues to 
contain an unlawfully reproduced layout-design. consent, except the cases when such use is not recognized 
pursuant to Article 17 of this Law as an infringement of the IC 
design owner's rights; 
 -  transfer, under agreement, the property right to the IC design 
to any entity that becomes a legal successor of the owner of 
the registered IC design; 
 -  grant any entity a permit (license) to use the registered IC 
design under the license agreement. 
 
The following shall be understood as use of the IC design: 
 
 -  copying of the IC design; 
 -  manufacturing of the IC's with the use of the given design; 
 -  manufacturing of any units, incorporating such IC's; 
 -  importing such IC's and unit s, incorporating them into the 
customs territory of Ukraine; 
 -  offer for sale, including via Internet, sale and other 
introduction into civil circulation or storage for the above-
mentioned purposes of IC's, produced with use of the IC 
design, or any other units, incorporating such IC's. 
 
Article 21. Violation of Rights of  the Registered IC Design Owner  
 
1.  Any infringement on rights of the registered IC design owner, 
envisaged by Article 16 of the present Law, shall be considered as violation of their rights, entailing responsibility in accordance with the current legislation of Ukraine. 
Article 37.  Acts Not Requiring the Authorization of the Right Holder 
 
1. Notwithstanding Article 36, no Member shall consider unlawful the performance 
of any of the acts referred to in that Article in respect of an integrated circuit 
incorporating an unlawfully reproduced layout-design or any article 
incorporating such an integrated circuit where the person performing or ordering 
such acts did not know and had no reasonable ground to know, when acquiring 
the integrated circuit or article incorporating such an integrated circuit, that it 
incorporated an unlawfully reproduced layout-design.  
 Members shall provide that, after the time that such person has received sufficient notice that the layout-design was unlawfully reproduced, that person may perform any 
of the acts with respect to the stock on hand or ordered before such time, but shall be 
liable to pay to the right holder a sum equivalent to a reasonable royalty such as would 
be payable under a freely negotiated licence in respect of such a layout-design. Article 17. Acts not Considered as Infringement of Rights to 
Registered IC Design  
 
3.  The use of the IC by any entity that has purchased the IC, and who 
did not know and could not have known that this IC or a unit, 
incorporating it, had been produced and put into circulation with the 
infringement of rights granted by the IC design registration, shall 
not be considered infringement of rights granted by the IC design 
registration. However, after obta ining a relevant notice from the 
right's holder, this entity shall suspend using the IC, or pay him a 
compensation, the amount of which shall be agreed upon by the parties. Disputes as to the amount of compensation and the payment 
procedure shall be settled in court.  
 
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2. The conditions set out in subparagraphs (a) through (k) of Article 31 shall apply 
mutatis mutandis  in the event of any non-voluntary licensing of a layout-design 
or of its use by or for the government without the authorization of the right 
holder. Article 19. Use of the Registered IC Design without the Owner's 
Permit 
 
1.  In order to ensure public health, ecological safety and other public 
interests the Cabinet of Minister s of Ukraine may issue permit to 
use the registered IC design to the entity determined thereby without 
consent of the owner of rights to th e registered IC design, in case of 
the owner's groundless refusal to issue the license for use of the registered IC design.  However: 
 
   (1)   permit for such use shall be provided on the basis of certain 
circumstances; 
 (2)   volume and duration of such use shall be determined by the 
objective of the issued permit; it shall be only non-commercial 
use by state bodies or correction of anti-competitive practice upon the decision of a respective state body; 
 (3)   permit for such use does no t deprive the owner of the rights to 
the registered IC design of the right to issue permit for use 
thereof; 
 (4)   the right to such use shall not be transferred, except for cases, 
when it is transferred together with that part of the enterprise 
or business practice, where such use is performed; 
 (5)   such use shall be permitted, first of all, to satisfy needs of the 
domestic market; 
 (6)   a notification on issuing perm it for use of the registered IC 
design shall be sent to the owner of the rights thereto, as soon as it becomes practically possible; 
 (7)   permit for use shall be cancelled, if circumstances causing 
issuance thereof, do not exist anymore; 
 (8)   the owner of the rights to the registered IC design shall 
receive an adequate compensation respective to the economic 
value of the IC design. 
 
2.  Decisions of the Cabinet of Ministers of Ukraine on issuing permit 
for use of the registered IC design, terms and conditions for 
issuance thereof, cancellation of the permit for use, amount and 
procedure for paying the compensation to the owner of rights to the 
registered IC design may be appealed in court.   
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Article 38.  Term of Protection 
 
1. In Members requiring registration as a condition of protection, the term of 
protection of layout-designs shall not end before the expiration of a period of 10 
years counted from the date of filing an application for registration or from the 
first commercial exploitation wh erever in the world it occurs. Article 4. Conditions of Granting Protection for Rights to IC Design 
 
3.  The exclusive right to use the IC design shall be proved by the 
certificate that confirms registration of the IC design. The certificate 
shall be valid for 10 years from the date of submitting the 
application to the Institution or fro m the date of the first use of the 
IC design.  
+ 
 
2. In Members not requirin g registration as a conditio n for protection, layout-
designs shall be protected for a term of no less than ten years from the date of the first commercial exploitation wherever in the world it occurs.   
+ 
3. Notwithstanding paragraphs 1 and 2, a Member may provide that protection 
shall lapse 15 years after the creation of the layout-design.   
+ 
Section 7: Protection of Undisclosed Information 
Article 39 
 
In the course of ensuring effective protection against unfair competition as provided in 
Article 10bis of the Paris Convention (1967), Members shall protect undisclosed 
information in accordance with paragraph 2 and data submitted to governments or 
governmental agencies in accordance with paragraph 3.   
  
 
 
2.  Natural and legal persons shall have the possibility of pr eventing information 
lawfully within their control from being disclosed to, acquired by, or used by 
others without their consent in a manner contrary to honest commercial practices so long as such information: 
 
 -  is secret in the sense that it is not, as a body or in the precise configuration 
and assembly of its components, generally known among or readily 
accessible to persons within the circles that normally deal with the kind of 
information in question; 
 -  has commercial value because it is secret;  
 -  has been subject to reasonable steps under the circumstances, by the 
person lawfully in control of the information, to keep it secret. 
 The Civil Code of Ukraine 
Article 505. The Notion of Commercial Secret 
 
1.  A commercial secret shall be the information which is secret in a 
sense that it is as a whole or as a specific form and in the aggregate 
of its component is unknown and is not easily accessed by the 
persons who usually deal with the type of information it belongs to 
and due to this has a commercial value and was a subject of the 
measures, adequate to the existing circumstances to preserve its 
secrecy, undertaken by a person who legally controls this 
information. 
2.  Information of technical, organizational, commercial, industrial and 
other nature can be a commercial secret, except for that which cannot be attributed to a commercial secret pursuant to the law.  
 
+  
 The Law of Ukraine "On Information" 
Article 45. Protection of the Right to Information 
 
The right to information shall be protected by the law. The state shall 
guarantee all participants in inform ation relationships equal rights and 
opportunities in terms of information access.  No one shall restrict the right of the person to choose the form and 
sources of information, except in cases provided by law. 
 Information right entities may demand the elimination of any  
 
 
 
 
   
 
   
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infringements on this right. 
 
Article 46. Inadmissibility of Abuse of the Right to Information 
 
Information legally qualified as state or other secrets shall not be 
disclosed. 
 
The Law of Ukraine "On Protection against Unfair Competition" 
Article 16. Unlawful Collection of Commercial Secrets 
 
Unlawful collection of commercial secrets shall be understood as illegally 
obtaining data, which is qualified by Ukraine's legislation as confidential 
commercial information, if by doing so a business entity (entrepreneur) 
has been or can be damaged. 
 
Article 17. Disclosure of Commercial Secrets 
 
Disclosure of commercial secrets shall be understood as disclosure of 
information qualified under Ukraine's legislation as confidential by the 
party entrusted with this informat ion to a third party without the 
knowledge and consent of the authorized  party, provided this information 
was entrusted to that party in due course or was made known in that 
party's line of duty, and provided this disclosure has damaged or can 
damage the given business  entity (entrepreneur). 
 
Article 18. Instigating to Disclose Commercial Secrets 
 
Instigating to disclose commercial secrets shall be understood as 
instigating a person duly entruste d with information qualified as 
commercial secrets under Ukraine's legi slation or made privy to it in the 
line of duty to disclose this information, provided this disclosure has 
damaged or can damage the given business entity (entrepreneur). 
 
Article 19. Unlawful Use of Commercial Secrets 
 
Unlawful use of commercial secrets shall be understood as information 
used in production or taken into account when planning and doing 
business, which informatio n was illicitly obtained , without the knowledge 
and consent of the authorized person, and which is qualified as a commercial secret under the laws of Ukraine.   
 
 
 
 
 
 
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3. Members, when requiring, as a condition of approving the marketing of 
pharmaceutical or of agricultural chem ical products, which utilize new chemical 
entities, the submission of undisclosed test or other data, the origination of 
which involves a considerable effort, shall protect such data against unfair 
commercial use.  In addition, Member s shall protect such data against 
disclosure, except where necessary to protect the public, or unless steps are 
taken to ensure that the data are protected against unfair commercial use.  The Civil Code of Ukraine 
Article 507. Commercial Secret Protection by Governmental Bodies 
 
1.  Governmental bodies shall be obliged to protect against unfair 
commercial use the information being a commercial secret, creation 
thereof requires considerable efforts and which is provided with the 
aim to obtain a legal permit fo r the operation connected with 
pharmaceutical, agricultural and chemical products that contain new chemical compounds. This information is protected by the 
governmental bodies against its divulgation, except for the cases 
when such divulgation is necessary to protect population or the 
measures were not taken to protect it against unfair commercial use. 
2.  Governmental bodies shall be also obliged to protect a commercial 
secret in other cases stipulated by the law.  
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PART III - ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 
Section 1:  General Obligations 
Article 41 
 1. Members shall ensure that enforcement procedures as specified in this Part are 
available under their law so as to permit effective action against any act of 
infringement of intellectual property rights covered by this Agreement, including 
expeditious remedies to pr event infringements and re medies which constitute a 
deterrent to further infringements.  These procedures shall be applied in such a 
manner as to avoid the creation of barriers to legitimate trade and to provide for 
safeguards against their abuse. 
 The Constitution of Ukraine (Articles 41, 54); The Civil Code of Ukraine 
(Articles 418-508, 1107-1129); The Code of Civil Procedure (Articles 1, 2, 4, 6, 621-6211, 126, 218); The Code of Economic Procedure (Articles 
1, 2, 4-44, 66, 67); The Criminal Code of Ukraine (Articles 176, 177, 
229); The Code of Ukraine on Administrative Violations (Articles 512, 
1643, 221, 255, 294); The Code of Labour Laws (Articles 42, 91, 126); 
The Customs Code of Ukraine; The La w of Ukraine (Articles 1 (10), (32), 
11(4), 255-258, 345). 
 
The Law of Ukraine "On Protection of Rights to Industrial Designs"; The 
Law of Ukraine "On Protection of Rights to Trademarks for Goods and Services"; The Law of Ukraine "On Protection of Rights to Integrated Circuit Designs"; The Law of Ukra ine "On Protection of Rights to 
Indication of Origin of Goods"; The Law of Ukraine "On Copyright and 
Related Rights"; The Law of Ukraine "On Distribution of Copies of 
Audiovisual Works and Phonograms"; "On Foreign Economic Activity"; 
The Law of Ukraine "On Television and Radio Broadcasting".  
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2. Procedures concerning the enforcement of intellectual property rights shall be 
fair and equitable.  They shall not be unnecessarily complicated or costly, or 
entail unreasonable time-limits or unwarranted delays. The Code of Civil Procedure of Ukraine 
Article 2. Tasks of Civil Litigation 
 
The tasks of civil litigation are protection of rights and lawful interests of 
natural persons, legal entities, the State through comprehensive 
consideration and settlement of civil cases in full compliance with the effective law.  
Article 6  
 
In civil cases justice shall be administered exclusively by the court based  
 
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on the principles of equality before the law and the court of all the citizens 
regardless of their origin, social and pr operty, or racial a nd national status, 
sex, language, attitude to religion , type and nature of occupation, 
residence or any other circumstances. 
 
Article 63. Types of Litigation Co sts and the Size of the State Tax 
 
Litigation costs include the state tax and costs associated with 
consideration of the case. 
 
The costs associated with consideration of the case include: 
 
 (1)   sums subject to payment to witnesses and/or experts; 
 (2)   costs associated with field examination; 
 (3)   cost of search of defendant. 
 
The size of the state tax and exemption from its payment shall be 
established by the Ukrainian legislation on the state tax. 
 
A court or a judge, depending on a property state of a citizen shall have the right to relieve him/her from payment of litigation costs in favour of the state. 
 
Article 68. Delaying and Deferring Payment of Litigation Costs 
 
A court or a judge, taking into account a property state of citizens, may by 
means of a judgment delay or defer the payment of litigation costs for the 
term not exceeding the completion of a case consideration, but no more 
than for three months from the day of lodging a suit. 
 Should the costs of litigation not be paid at the established date, their 
collection shall be conducted according to a writ of execution. 
 
A court or a judge may decrease the size of litigation costs charged in favour of the state.  
Article 75. Distribution of Litigation Costs among the Parties 
 
The court awards the party in whose favour the court ruling is made all 
litigation costs to be paid by the ot her party, even if the latter was 
originally exempt from court costs, in favour of the state. If the action is 
settled in part, litigation costs shall be awarded to the claimant in 
proportion to the amount of claims settled by the court, and to the 
respondent in proportion to the part of claims refused to the claimant.  
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Each party shall be charged for litigation costs incurred by the court in 
proportion to the part of the claim in which the court ruled against the 
party in question. All charges shall be collected by the state. 
 
In the event a party in whose favour a judgment is made is exempt from 
litigation costs, such costs shall be charged to another party in favour of 
the state. 
 In the event of a rejection of an action brought by a claimant exempt from 
litigation costs, the latter shall be paid at the expense of the state. 
 
If a higher instance court, without returning the case for a new trial, 
changes or makes a new ruling, it shall re-distribute the litigation costs 
respectively. In the event of a reversal of the ruling, case closure or 
dismissal, the court which repealed the ruling shall settle the issue of repaying litigation costs associated with the submission of a suit.  
Should the case be closed due to the claimant's rejection of the claim, 
costs shall be collected by a court judgment. 
 
Article 146. The Term of Case Preparation 
 
Preparation of a case to consideration shall be completed within seven 
days, and in the event of complicated cases such term may be extended to 
20 days from the day the application is accepted.   
Article 148. The Term of Case Consideration 
 
Upon completion of preparation of the case for civil proceedings, cases shall be considered within the following terms:  
 (1)   labour cases – within 7 days; 
 (2)   cases on collection of alimony and compensation for the 
damage caused by mutilation or other injury, as well as the 
loss of a bread-winner – within ten days;  
 (3)   other cases – within 15 days. 
 The Code of Economic Procedure of Ukraine 
Article 1. The Right to Ap ply to the Economic Court 
 
Enterprises, institutions, organizations, other legal entities (including 
foreign legal entities), citizens enga ged in business without the legal 
entity status but with that of the business entity, lawfully acquired 
(hereinafter collectively referred to as enterprises and organizations), shall 
have the right to apply to the economic court, in keeping with set  
  
 
 
 
 
  
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jurisdiction of economic cases [disputes], in order to defend their 
transgressed or challenged rights and legally protected interests, as well as 
to take actions provided by this Code aimed at prevention of law 
violations. 
 
Government and other bodies, and citizens other than business entities 
shall have the right to apply to the economic court in cases stipulated by 
legislative acts of Ukraine.  
Any agreements waiving the right to apply to the economic court shall be 
legally invalid. 
 
Article 4. Law Used in Handling Economic Disputes 
 
The economic court shall handle economic disputes in compliance with the Constitution of Ukraine, Law of Ukraine On the Arbitration Court, this Code, other legislative acts of Ukraine, and international treaties 
whose binding force has been agreed to by the Supreme Council of 
Ukraine. 
 
The economic court shall not apply acts of government and other bodies 
that contradict the laws of Ukraine. 
 
If an international treaty confirmed by the Supreme Council of Ukraine 
contains rules other than those set forth in [any of] the laws of Ukraine, the rules of this international treaty shall apply.  
The economic court shall apply foreign legislation in  cases stipulated by 
the law or by an international treaty.  In the absence of laws regulating the given dispute involving a foreign 
business, the economic court may apply international trade customs. 
 
Judicial proceedings shall not be denied for reasons of incompleteness, 
ambiguity, controversy or absence of relevant legislation. 
 
Article 4-2. Equality before the Law and the Court 
 
Justice in the economic courts shall be executed based on law and court 
equality of all persons involved in the dispute. 
 
Article 69. Term of Accommodation 
 
A dispute shall be settled by the economic court over a period not  
 
 
 
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exceeding two months from the date of receipt of the statement of claim. 
 
A claim for collection of debt under protested bill shall be settled by the 
economic court over a period of not more than one month from the date of 
receipt of the statement of claim. 
 
As an exception, the president of the economic court or his/her deputy   
shall have the right to extend the term of judicial proceedings, but only for another month. 
 
If requested by both parties or either of the parties, in co-ordination with 
the other party, a dispute may be settled over a longer period than set forth 
in Section 1 of this Article. A court ruling shall be passed granting such 
prolongation of proceedings. 
 
The Civil Code of Ukraine  
Article 15. Right to Protect Civil Rights and Interests  
 
1.  Each person has a right to the protection of its civil rights in case of 
the infringement, disclaimer or contesting thereof. 
2.  Each person has a right to the protection of his/her/its interests not 
contradicting the general foundations of the civil legislation. 
3. Decisions on the merits of a case shall preferably be in writing and reasoned.  
They shall be made available at least to the parties to the proceeding without 
undue delay.  Decisions on the merits of a case shall be based only on evidence 
in respect of which parties were offered the opportunity to be heard. 
 The Code of Civil Procedure of Ukraine 
Article 211 
 
The decision made shall be put in written by the chairman or one of the 
judges if the case was judged collectively. This decision shall be signed 
up by all the court body members, who take part in making decision. 
 
Article 202 
 
The court's decision shall be legal and well-founded. The court shall 
found its decision only on the evidences, looked into during the court 
session. 
 
The Code of Economic Procedure of Ukraine 
Article 45. Judicial Decision 
 
The economic courts shall execute justice by making awards, rulings or 
decrees binding on the whole territory of Ukraine.  Awards and decrees of 
the economic courts shall be made in the name of Ukraine. 
 
Failure to perform the provisions of awards, rulings or decrees passed by 
the economic courts shall claim respon sibility established by this Code  
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and other Laws of Ukraine. 
 
All judicial decisions shall be executed in writing. 
 
Article 82. Passing the Award 
 
When trying an economic dispute, the economic court shall pass judgment 
(adjusting or dismissing claims fully or  partially) in the form of judicial 
awards. 
 
An award shall be executed in writing and signed by all the participating 
judges. If tried by three judges and if either of the judges  disagrees  with  
the award, this judge shall be unde r  the obligation to commit his/her 
dissenting opinion to paper, which document shall be enclosed with the 
records of the case. 
4. Parties to a proceeding shall have an opportunity for review by a judicial 
authority of final administrative deci sions and, subject to jurisdictional 
provisions in a Member's law concerning the importance of a case, of at least the 
legal aspects of initial judicial decisions on the merits of a case.  However, there 
shall be no obligation to provide an opportunity for review of acquittals in 
criminal cases. The Law of Ukraine "On Protection of Rights to Trademarks for Goods 
and Services" Article 15 (9); "On Protection of Rights to Inventions and 
Utility Models" Article 24 (9); "On Protection of Rights to Industrial 
Designs" Article 19(9); "On Protection of Rights to Integrated Circuit 
Designs" Article 15 (9); "On Protection of Rights to Indications of Origin 
of Goods" Article 13 (9). 
 The applicant may appeal the resolution made by the Appellate Chamber approved by the Institution as prescribed by law within two months from 
the date of receipt of such resolution.  
 
The Civil Code of Ukraine  
Article 16. Protection of Civil Rights and Interests by the Court  
 
2.  Civil rights and interests remedies may include:  
 (10)  recognition of decisions, actions or inactivity of the state 
power authority, the power authority of the Autonomous 
Republic of Crimea or the local self-government body as well 
as of their officials and employees to be unlawful. 
 
The court may protect a person's civil right or interest in any other way established by the agreement or the law.  
Article 393. Recognition of the Legal Act that Violates the Property 
Right Illegal  
 
1.  Legal act of the state power body, power body of the Autonomous 
Republic of Crimea or local government that does not correspond to  
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the law and violates the owner's rights shall be recognized illegal by 
the court and annulled upon the action brought by the owner. 
2.  The property owner, whose rights are violated as a result of the 
legal act issued by the state power body, power body of the 
Autonomous Republic of Crimea or local government, can demand 
restoration of the status quo ante. In case it is impossible to restore 
the status quo ante, the owner shall have the right for compensation 
of the proprietary and moral damage. 
 
The Code of Civil Procedure of Ukraine  
Article 236. Cases Arising from Legal Administrative Relations 
Considered by Court 
 
The court shall consider cases on: 
  (3)   complaints on decisions, actions or inactivity of state 
authorities, local governments and officials; 
 
Article 290. The Right of Appeal 
 
Parties as well as other persons and the prosecutor involved in a case 
hearing, shall have the right to appeal a judgment of the first instance 
court in full or in part as prescribed by the appealing procedure. 
 
A resolution of the first instance cour t shall be appealed separately from 
court judgments in the events provided by this Code.  
An appeal, a petition of appeal of the prosecutor for approv al by the firstn 
instance court shall be lodged and considered in keeping with the same procedure as the appeal, or  petition for court judgment. 
 The Code of Economic Procedure of Ukraine 
Article 91 
 
The parties involved in the dispute shall have right  to  appeal and  public 
prosecutor shall have right to file th e appeal against the invalid judgment 
of the local economic court.  
5. It is understood that this Part does not create any obligation to put in place a 
judicial system for the enforcement of intellectual property rights distinct from 
that for the enforcement of law in general, nor does it affect the capacity of 
Members to enforce their law in general.  Nothing in this Part creates any 
obligation with respect to the distribution of resources as between enforcement 
of intellectual property rights and the enforcement of law in general.   
  
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Section 2: Civil and Administrative Procedures and Remedies 
Article 42.  Fair and Equitable Procedures 
 
Members shall make available to right holders civil judicial procedures concerning the 
enforcement of any intellectual property right covered by this Agreement.  Defendants 
shall have the right to written notice, which is timely and contains sufficient detail, 
including the basis of the claims.  Parties shall be allowed to be represented by 
independent legal counsel, and procedures shall not impose overly burdensome requirements concerning mandatory personal appearances.  All parties to such procedures shall be duly entitled to substantiate their claims and to present all relevant 
evidence.  The procedure shall provide a means to identify and protect confidential 
information, unless this would be contrary  to existing constitutional requirements. The Civil Code of Ukraine 
Article 16. Protection of Civil Rights and Interests by the Court  
 
 p.1. Each person shall be entitled to apply to the court for the protection 
of his/her/its private non-property or property rights and interests. 
 
The Code of Civil Procedure of Ukraine 
Article 4. Right to Refer to the Court for Legal Protection 
 
Any interested pers on is eligible to refer to the court in the order 
determined by law for protection of his breached or claimed right or protected interest. Resignation from th e right to refer to the court is not 
valid. 
  
Article 9. Language of Proceedings 
 
Proceedings shall be heard in Ukrainian or a language of the majority of 
the population of a region. 
 
Persons involved in proceedings and having no command of the language 
of proceedings shall be granted the right to make statements, explanations and evidence, speak in court and lodge petitions in their native language, as well as to use the services of a translator in keeping with the procedure 
established by this Code. 
 
Judicial documents, according to the law-established procedure, shall be 
handed to persons involved in the proceedings upon translation into a 
native language of such persons, or other language, whereof they have a 
good command.  
 
Article 10. Publicity of the Judicial Examination 
 
Cases in all courts shall be open, unless it infringes interests of state 
secrets protection.  Besides this, non-public judicial examination is 
allowed upon well-motivated decision of the court which is aimed at non-disclosing of information on intimate life of the persons involved, as well 
as to provide for the secret of adoption. 
 
Article 99. Rights and Duties of the Persons Involved in the Case 
 
Persons involved in judicial case are eligible to be familiar with the case 
materials, make extracts from them, receive copies of the decisions,  
 
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resolutions and other documents that are in the case, submit evidences and 
take part in their examin ation, declare petitions and object them, submit 
verbal and written explanations to th e court, suggest their arguments, 
considerations and objections, object to court's decisions and resolutions, 
as well as benefit from other procedural rights provided by law. 
 
Article 110. Types of Representation 
 
Citizens are entitled to conduct their cases in person or via their 
representatives. Citizen's personal participation in the case does not 
deprive him of the right to have some representative in this case. 
 
Legal persons' cases shall be conducted by their bodies, which act within 
their powers provided by law or statute, or by their representatives. 
 Managers of the organizations which act as the bodies of the legal persons shall submit to the court documents certifying their professional status 
and powers. 
 
Article 112. Persons Entitled  to Act as Representatives 
 
The following may represent parties and third persons in court: 
 
 (4)   attorneys. 
 
Article 115. Representative's Powers in Court 
 
Powers in administering a case in court gives a representative the right to 
conduct – on behalf of a person he/she represents – all procedural actions, except for bringing the case to the arbitration court, full or partial withdrawal of claims, recognition of claim, change of the subject matter 
of claim, entering into an amicable settlement, transfer of powers other 
person (re-authorization), appealing of a court judgment, filing of a writ 
of execution for seizure, receiving of adjudicated property or money. 
Powers of a representative for performing each of the said actions shall be 
specially stipulated by a power of attorney. 
 
 
Article 137. Content and Form of the Statement of Claim 
 
Statement of claim shall be filed to the court in writing. 
 
Statement of claim shall contain: ...   
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 (3)   contents of the suit demands; 
 (4)   circumstances on which the suit demands are based;  (5)   evidences that are to prove the suit. 
 
Statement of claim shall be accompanied by the written evidences.  If the suit declaration is submitted by the plaintiff's representative, power of attorney or other document to prove representative's powers shall be 
attached to the declaration. 
 
Article 30. Burden of Proof 
 
Each party shall proof circumstances it refers to as the ground for its 
demands and objections. 
 
Parties or other persons who take part in the case shall submit evidences. If parties or other persons who take part in the case face difficulties with demanding and obtaining some evidences, upon their request court shall 
facilitate demand and obtain of such evidences.  
 
Article 187. Disclosing of the Private Correspondence or Telegraph 
Messages of the Citizens 
 
In order to provide for the secrecy of correspondence and telegraph 
messages, private correspondence and telegraph messages of the citizens 
can be disclosed during the court's session only upon the involved citizens' consent. Otherwise such correspondence and telegraph messages can be disclosed and examined during the closed session of the court. 
 
The Civil Code of Ukraine 
Article 507. Commercial Secret Protection by Governmental Bodies 
 
p. 1. Governmental bodies shall be obliged to protect against unfair 
commercial use the information being a commercial secret, creation thereof requires considerable efforts and which is provided with the aim to obtain a legal permit for the operation connected with pharmaceutical, agricultural and chemical products that contain new chemical compounds. 
This information is protected by th e governmental bodies against its 
divulgation, except for the cases when such divulgation is necessary to 
protect population or the measures were not taken to protect it against 
unfair commercial use.  
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Article 43.  Evidence 
 
1. The judicial authorities shall have the authority, where a party has presented 
reasonably available evidence sufficient to support its claims and has specified 
evidence relevant to substantiation of its claims which lies in the control of the 
opposing party, to order that this evidence be produced by the opposing party, 
subject in appropriate cases to conditions which ensure the protection of 
confidential information. The Code of Civil Procedure of Ukraine 
Article 29. Acceptability of Proof Remedies 
 
Circumstance of the case that under law should be proved by certain proof 
remedies may not by proved by any alternative proof remedies. 
 
Article 30. Burden of Proof 
 
Each party shall proof circumstances it refers to as the ground for its 
demands and objections. 
 
Parties or other persons who take part in the case shall submit evidences.  
 
If parties or other persons who take part in the case face difficulties with 
demanding and obtaining some evidences, upon their request court shall facilitate demand and obtain of such evidences.   
Article 33. Court Orders for Collection of Evidences 
 
If collection of evidences is necessary in other city, town, or district, the 
court is eligible to order to the releva nt court to take necessary procedural 
actions. 
 
Article 35. Grounds for providing evidences 
 
Persons having grounds to apprehend that submission of the necessary to them evidences might be impossible or difficult in a time are eligible to 
appeal to the court or to the judge during the case consideration for 
providing these evidences both prior and after filing the statement.  
Article 36. Methods to Provide Evidences 
 
Judge shall provide evidences particularly via: examination of witnesses, 
prescribing tests, demanding and examining of the written and material 
evidences. 
 
Court or judge shall pass the resolution on providing evidences. 
 
Records of evidences and all the materials collected while providing evidences shall be directed to the court, which examines the case.  
Article 38. Order of Statements for Providing Evidences 
Consideration 
  
 
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Statements for providing evidences shall be considered within ten days by 
the court or by a judge, under whose jurisdiction procedural action shall 
be taken. Persons involved shall be informed on such actions.  Failure to 
appear (default) of such persons should not infringe statement 
consideration. 
 
In case of emergency as well as when it is impossible to determine whom 
the plaintiff will charge, statement for providing evidences shall be considered only under the plaintiff's presence. 
 
Article 47. Demanding and Obtaining Written Evidences 
 
Person appealing to the court for demanding and obtaining written proofs 
from the other persons shall state in detail: which written proof is being 
demanded; grounds consider that another person is in possession of the written proof; circumstances that might be proved by this evidence.  
Written evidences required by the court or a judge from state enterprises, 
institutions, organizations, agricultur al enterprises, other cooperative 
organizations or their associations, as well as from particular citizens shall 
be directed immediately to the court. 
 
A court or a judge may also authorize an interested party or other persons 
involved in the case to obtain written evidence for presentation in court. 
 
Article 53. Demanding and Obtaining Material Evidences and 
Responsibility for Failure to Submit Them 
 
Demanding of the material evidences and making decision regarding failure to submit them shall be conducted in the order determined by articles 47 and 48 of this Code. 
 
The Code of Economic Procedure of Ukraine  
Article 38. Requests for Evidence 
 
If  the  evidence provided by the parties turns out insufficient, the  
economic  court  shall be under the obligation  to  request  from 
enterprises and organizations any such documents and  information  as 
may be required for the settlement of the dispute,  regardless of their 
involvement in the case. The economic court shall have the right to examine evidence on the spot. 
 
The economic court may demand and obtain evidence prior to filing a claim as a preventive remedy, in keeping with the procedure established  
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by Articles 43-1 - 43-10 hereof. 
 
Either of the parties or the public prosecutor turning to the economic court 
for such evidence shall specify it and the grounds on which this party or 
public prosecutor believes that this evidence is possessed by the given 
enterprise/organization, as well as circumstances that can corroborate this 
evidence. 
 The economic court may authorize the interested party to obtain such 
evidence. 
2. In cases in which a party to a proceeding voluntarily and without good reason 
refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, a Member may accord judicial authorities the authority to 
make preliminary and final determinations, affirmative or negative, on the basis 
of the information presented to them, including the complaint or the allegation 
presented by the party adversely affected by the denial of access to information, 
subject to providing the parties an opportunity to be heard on the allegations or 
evidence. The Code of Civil Procedure of Ukraine 
Article 48. Responsibility for Failure to Submit Written Evidences 
 
State enterprises, institutions, organiza tions, agricultural enterprises, other 
cooperative organizations or their associations, non-government 
organizations or citizens, who can not submit the proofs required by the 
court shall inform the court on this mentioning the reason for the failure. 
In case of failure to inform the court timely or if the reason for failure to 
submit written evidences is judged inva lid, the court or a judge may fine 
guilty servicemen or employees of the state enterprises, institutions, 
organizations, agricultural enterprises, other cooperative organizations or 
their associations, non-government organizations or citizens. The penalty shall be up to amount of the one non-taxable citizen's income.  
Fining officials or citizens does not release them from the obligation to 
submit written evidence required by the court. 
 
Article 202. Legitimacy and Validity of the Resolution 
 
Decision by the court shall be legitimate and well-grounded. The court shall base its decision exclusively on the evidences examined during the 
court session.  
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Article 44.  Injunctions 
 
1. The judicial authorities shall have the auth ority to order a party to desist from an 
infringement, inter alia to prevent the entry into the channels of commerce in 
their jurisdiction of imported goods th at involve the infringement of an 
intellectual property right, immediately after customs clearance of such goods.  
Members are not obliged to accord such authority in respect of protected subject 
matter acquired or ordered by a person prior to knowing or having reasonable 
grounds to know that dealing in such subject matter would entail the 
infringement of an intellectual property right. The Civil Code of Ukraine 
Article 432. Protection of Intellectual Property Right by Court  
 
 1.  Any person shall have the right to address the court to protect 
his/her intellectual property right pursuant to Article 16 of this 
Code. 
 2.  The court can make judgment in cases and per the procedure 
established by the law, namely: 
 
 (1)   apply immediate remedies to prevent violation of intellectual 
property right and to preserve respective remedies; 
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goods imported or exported with the violation of intellectual 
property right; 
 (3)   withdraw from civil circulation of goods manufactured or 
brought into civil circulation under violation of intellectual 
property right; 
 (4)   withdraw from civil circulation of materials and instruments 
used mainly to manufacture goods under violation of 
intellectual property right; 
 (5)   apply single monetary penalty instead of reimbursement for 
losses due to unlawful use of the object of intellectual 
property right. The amount of the penalty shall be established 
pursuant to the law taking into  account the guilt of a person 
and other circumstances being of vital importance; 
 (6)   publish in mass media of information about violation of 
intellectual property right and the contents of court judgment 
regarding such violation. 
 
The Code of Civil Procedure of Ukraine 
Article 149. Grounds for Providing a Suit 
 
By their own initiative or meeting th e request of the persons who took 
part in the case court or a judge can take action to provide for the suit. 
 
If failure to provide for a suit can complicate or unable the 
implementation of the court's decision,  providing for a suit is eligible at 
any stage of the case.  
Article 150. Full or Partial Providing a Suit 
 
Depending on circumstances a court or a judge may proved a suit in full 
or in part. 
 
Article 151. Consideration of the Application for Providing a Suit 
 
Application for providing a suit shall be considered by the court or a judge, who deals with the case at the day of filing the application with no notice to the respondent or other persons who take part in the case. 
 
Article 152. Methods to Provide for a Suit 
 
A suit can be provided by: 
 
 (1)   sequestration of the property or money sums belonging to the 
respondent and located at him or at other persons;  
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 (2)   prohibition from certain actions; 
 (3)   prohibition to other persons to conduct payments or to pass 
any property to respondent; 
 (4)   stoppage of the sail of di strained property, if the suit for 
ownership right for this property or for its exclusion from the 
distrain; 
 (5)   stoppage of the penalty on the basis of executive decision by 
the notary  when debtor disputes it with statement of claim. 
 
Suits to state enterprises, institutions, organizations, agricultural 
enterprises, other cooperative organi zations or their associations, other 
non-government organizations can be provided only with prohibition to 
take certain action. 
 
Article 62-1. Ground to Take Provisional Measures 
 
A person that has grounds to believe that his/her rights are violated or 
there is a real threat to their violatio n shall have the right to apply to the 
court with the application for provisional measures prior to filing a claim. 
 
Article 62-2. Types of Provisional Measures 
 
Provisional measures include: 
 
 (1)   examination of premises, where actions associated with the 
violation of the rights take place; 
 (2)   seizure of property that be longs to the person  with respect to 
whom provisional measures have been taken, and is being 
with him/her or other persons. 
 
Article 62-4. The Procedure of Considering a Claim on Provisional 
Measures 
 
P.1. Application on taking provisional measures shall be considered 
within the procedure established by Article 38 hereof, not later than two 
days from its filing. 
P.5. The court shall render an approval on taking provisional measures, 
wherein chosen remedies shall be specified, as well as the grounds for 
their selection, the procedure of their execution, and the amount of security, if any. Copies of the approval shall be sent to the applicant and the person with respect to whom provisional measures would be taken 
immediately upon its rendering. Should the approval be rendered with the 
involvement of the applicant but without the person with respect to whom provisional measures are requested, a copy of the approval shall be sent to  
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the person, with respect to whom provisional measures have been taken 
immediately after its rendering. 
 
Article 62-6. Execution of the Approval on Provisional Measures 
 
The approval on provisional measures shall be executed immediately in 
keeping with the procedure establishe d for execution of court judgments. 
 In the event the applicant's claims are secured, the approval on taking 
provisional measures shall be executed immediately upon security is 
placed in full. 
 
Article 62-7. Liability for Failu re to Execute th e Approval on 
Provisional Measures 
 
A person guilty of failure to execute the approval on pr ovisional measures 
or impeding such execution, upon a court judgment may be fined in the 
size up to one minimum non-taxable personal income, if such actions do 
not entail criminal liability under the ef fective legislation. In addition, the 
applicant shall be entitled to charge such person for the losses inflicted by 
non-execution of the approval on preventive measures. 
 
The Code of Economic Procedure of Ukraine 
Article 67. Measures to Secure a Claim 
 
A claim shall be secured by:  
 -  seizure of the respondent's property or funds; 
 -  forbidding the respondent to take certain actions;  -  forbidding other persons to take actions with regard to  the 
subject of contention; 
 -  suspension of enforcement procedures as per writ of execution 
or other documents providing for an unconditional exaction. 
 
The economic court shall pass a ruling on securing a claim. This ruling 
may be appealed as a matter of oversight procedures.  
Article 43-1. Grounds for Taking Provisional Measures 
 
A person that has grounds to believ e that the filing of the required 
evidence will become impossible or hard to do in the course of time, and that his/her rights are violated, or ther e is a real threat of such violation, 
shall have the right to apply to the economic court for provisional 
measures prior to filing a claim.   
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Article 43-2. Types of Provisional Measures 
 
Types of provisional measures include: 
 
 (1)   demanding and obtaining evidence; 
 (2)   examination of premises, where actions associated with the 
violation of the rights take place; 
 (3)   seizure of property that be longs to the person  with respect to 
whom provisional measures have been taken, and is being 
with him/her or other persons. 
 
Article 43-6. Execution of the Approval on Provisional Measures 
 
p.2. In the event the applicant's claims are secured, the approval on taking 
provisional measures shall be executed immediately upon security is placed in full.  
The Customs Code of Ukraine  
Article 256. 
 
P. 1. The holder of the right to an intellectual property object, who has 
grounds to believe that in the process of movement of goods through the 
customs border of Ukraine his/her rights to an object of intellectual 
property rights are violated, or may be violated, shall have a right to file 
an application with the specially authorized central body of executive power on customs practice to register goods containing objects of intellectual property rights.  
 
The specially authorized central body of executive power on customs practice shall maintain a registry of go ods referred to in part one of this 
Article. 
 
P. 3. After the registration of the respective goods with the registry of the 
specially authorized central body of executive power on customs practice, 
the customs authorities of Ukraine shall take measures to prevent 
movement of infringing goods into the customs territory of Ukraine. 
 
Article 257. Suspension of the customs clearance of goods containing 
objects of intellectual property rights 
 
If the customs authority, based on the data contained in the register of goods containing objects of intellectual property rights, which is kept by 
the specially authorized central body of executive power on customs 
practice, detects that the goods submitted for customs control and customs  
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clearance have characteristics of infringing goods, their customs clearance 
shall be suspended. Such goods shall be stored at the temporary storage warehouses or customs authority warehouses. 
 
The customs authority head or his/her deputy shall make a decision to 
suspend the customs clearance for the period of 15 calendar days, 
reserving, however, the possibility of prolonging this term for not more 
than 15 calendar days.  
Not later than the next working day following the date when the decision 
on suspending the customs clearance of the goods mentioned in part 1 of 
this Article has been made the customs authority informs the appropriate 
owner of the right to the object of intellectual property about the fact that 
these goods crossed the customs border of Ukraine, as well as informs the 
declarant about the reasons of their customs clearance suspension, and 
also informs the declarant about the name and address of the owner of 
rights to object of intellectual property. The notification sent to the owner 
of the right to intellectual property object shall include the list of those 
goods the customs clearance of which has been suspended, these goods' customs value declared by the declarant, the mentioned goods' owner's name and address, as well as other needed information.  With the customs authority's permission, the owner of the rights to object 
of intellectual property and the declarant may take probes and samples of 
the goods in respect to which the decision to suspend the customs clearance has been made to be sent for expert examination. The copies of the appropriate expert conclusions shall be submitted to the customs authority.  
If the fact that the goods, in respect of which the decision to suspend the 
customs clearance has been made, are infringing, is confirmed within the 
timeframes set forth in part 2 of this Article, the customs authority shall 
initiate proceedings on the case on violation of customs rules pursuant to 
the procedure set forth by this Code, while the goods directly involved in 
this violation shall be detained as prescribed by law. 
 
If the fact that the goods, in respect of which the decision to suspend the 
customs clearance has been made, are infringing, is not confirmed within 
the timeframes set forth in part 2 of this Article, the customs clearance of these goods shall be carried out in a usual manner.. 
 
 
 
 
  
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The Law of Ukraine "On Copyright and Related Rights" 
Article 52. Civil Law Remedies for Protection of Copyright and 
Related Rights 
 
2.  The court shall be entitled to pass judgment or approval on the 
following: 
 
 (e)   prohibition of publishing works, their performances or 
staging, issuing of specimens of phonograms, videograms, 
their  public notification, suspension of their distribution, 
seizure (confiscation) of counterfeit specimens of works, 
phonograms, videograms or broadcast programs, as well as 
possession and materials designed for their production and 
reproduction, publication in the press of information on the 
committed infringement, etc., if in the course of court proceedings the fact of infringement of copyright and/or related rights, or the fact that there are actions posing a threat 
to these rights. 
 
4.  The court may pass judgment on seizure or confiscation of all 
counterfeit specimens of works, phonograms, videograms or 
broadcast programs that are proven to have been manufactured with 
infringement of copyright and/or related rights, and devices of 
breaking technical protection means. This shall also apply to all 
clichés, matrixes, forms, originals, magnetic tapes, photographic negatives and other items with the help of which specimens of works, phonograms, videograms and broadcast programs are 
reproduced, as well as materials and equipment used for their 
reproduction, and manufacturing of devices to break technical protection means. 
 
Pursuant to a court judgment, counterfeit specimens of works (including 
computer software and databases), phonograms, videograms and 
broadcast programs that have been seized, can be transferred to the 
subject of copyright and (or) related rights upon his request. If this person 
does not demand the transfer, the counterfeit specimens shall be 
destroyed, and the materials and equipment used for the reproduction of 
the counterfeit specimens shall be alienated, and the funds received shall 
be remitted to the State budget of Ukraine.  
Article 53. Preservation Measures for a Claim in Proceedings 
Concerning Infringements of Copyright and Related Rights 
 
 1.  Prior to considering a case on the merits, a judge on his own shall  
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have the right to issue a judgment prohibiting performance by the 
defendant, with respect to whom there are sufficient grounds to 
believe that this person is infrin ging on copyright and (or) related 
rights, of certain actions: production, reproduction, sale, transfer for 
property lease, rental, importing into the customs territory of 
Ukraine and other use stipulated by this Law, as well as 
transportation, storage or possession for the purpose of issuing into 
civil circulation, of the specimens of works (including computer software and databases), recorded performances, phonograms, 
videograms, broadcast programs that are believed to be counterfeits, 
and devices of breaking technical protection means. 
 2.  In case there is enough evidence on committing such an 
infringement of copyright and/or related rights that under legislation 
entails criminal responsibility, the inquiry or investigation body, or 
the court shall undertake measures to ensure the search and arrest of the following: 
 
 (а)   the specimens of works (inc luding computer software and 
databases), recorded performances, phonograms (videograms) 
and broadcast programs that are believed to be counterfeits, 
and devices of breaking technical protection means; 
  (b)   the materials and equipment for the production and 
reproduction thereof; 
 (c)   the documents, invoices and other items that can serve as 
evidence of actions re sulting in criminal liability pursuant to 
law. 
 
3.  If the defendant in the case of infringement of copyright and/or 
related rights denies access to required information, or fails to provide it within a reasonable term, puts obstacles in court proceedings, or with the purpose of preservation of relevant 
evidence on the incriminated infringement, especially in case when 
any delay may cause unrecoverable damage to the person holding 
copyright and/or related rights, or wh en there is obviou s risk that the 
evidence may be destroyed, a court or a judge shall be entitled on 
their own on plaintiff's request to practice temporary measures 
before bringing a claim or starting the consideration of the case with 
participation of the other side (defendant) by means of: 
  (а)   issuing an approval on inspection of premises, where 
presumably actions associated with infringement of copyright and/or related rights take place; 
 (b)   imposing an arrest and seizure of all specimens of works 
(including computer software and databases), recorded  
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performances, phonograms, videograms, broadcast programs, 
which are believed to be counterfeits, devices of breaking technical protection means, as well as materials and 
equipment used for their manufacturing and reproduction; 
  (c)   imposing an arrest and seizure of invoices and other 
documents that may serve as evidence of committing actions 
that infringe or pose a threat of infringement (or confirm 
intentions of committing an infringement) of copyright and/or related rights.  
 
The claim on undertaking temporary measures shall be considered only 
with participation of the plaintiff wi thin a two-day term from the day of 
its submission.  
The court order concerning the application of the interim measures shall 
be executed immediately, with the app licant's participation, by the State 
Executive Agency body. 
 
Before the approval of undertaking temporary measures, indicated in 
paragraph one of this part, the court shall be entitled to demand from the 
plaintiff to prove that he is a subject of copyright and/or related rights, 
and that these rights are infringed or will be inevitably infringed, and also 
provide the plaintiff with court's approval to leave a pledge or an 
appropriate guarantee, sufficient to prevent the abuse of temporary measures. The pledge shall consist in depositing at the court's account a 
certain sum of money or other material values. The size of the pledge (guarantee) shall be determined by the court taking into consideration the circumstances of the case, but shall not be less than 100 untaxed 
minimum personal incomes and not more than the amount of the claimed 
damage.   In the event of applying the temporary measures specified in paragraph 
one of this part, the defendant shall be entitled to claim for their change or 
abolishment, and the plaintiff shall bring a claim to the court on protection of the infringed copyright or  related rights no t later within 15 
calendar day fro the date of applying a temporary measure.   
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2. Notwithstanding the other provisions of this Part and provided that the 
provisions of Part II specifically addressing use by governments, or by third 
parties authorized by a government, without the authorization of the right holder 
are complied with, Members may limit the remedies available against such use 
to payment of remuneration in accordance with subparagraph (h) of Article 31.  
In other cases, the remedies under this Part shall apply or, where these remedies 
are inconsistent with a Member's law, declaratory judgments and adequate 
compensation shall be available. The Law of Ukraine "On Protection of Rights to Inventions and 
Utility Models"  
Article 30 
 
P.3. In order to protect health of the population, ecological safety and 
other public interest the Cabinet of Ministers of Ukraine shall have the 
right to permit a person nominated thereby to use a patented invention 
(utility model) without consent of the holder of the patent (declarative patent), in case of their groundless refusal to issue a license for use of the 
invention (utility model).  
Par.10. p.3. The decision of the Cabinet of Ministers of Ukraine on 
issuing permit for use of the inventio n (utility model), term and conditions 
for the issuance, cancellation of permit for use, amount and procedure for 
paying compensation to the patent holder may be appealed in court.  
 
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Article 45.  Damages 
 
1. The judicial authorities shall have the authority to order the infringer to pay the 
right holder damages adequate to compensate for the injury the right holder has 
suffered because of an infringement of that person's intellectual property right by 
an infringer who knowingly, or with reasonable grounds to know, engaged in 
infringing activity. The Civil Code of Ukraine 
Article 13. Limits to Exercise Civil Rights  
 
3.  A person's actions aimed at hurt ing other persons as well as abusing 
the right in any other way shall be not acceptable. 
6.  In the event that a person does not meet the requirements specified 
in parts 2-5 of this Article when exercising his/her/its rights, the 
court may commit him/her/it to terminate abusing his/her/its rights as well as apply other implications established by the law. 
 
Article 16. Protection of Civil Rights and Interests by the Court  
 
1.  Each person shall be entitled to apply to the court for the protection 
of his/her/its private non-property or property rights and interests. 
2.  Civil rights and interests remedies may include: 
  (3)   termination of the action violating the right; 
 (8)   indemnification for losses and other means of property 
damage indemnification; 
 (9)   indemnification for moral (non-material) damages. 
 
Article 22. Indemnification for the Losses and Other Ways of 
Property Damage Indemnification 
 
1.  The person who incurred losses as a result of destruction or 
damaging thing shall have a right to the indemnification therefore.  
2.  The damages include:  
 
 (1)   losses incurred by a person as a result of destroying or 
damaging thing as well as expenses, which a person has  
 
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incurred or must incur in order to restore its violated rights 
(real losses);  
 (2)   incomes that a person could receive under ordinary 
circumstances if his/her/its right would have not been violated 
(the lost profit);  
 
3.  Damages shall be indemnified in full unless any other extent of 
indemnification is provided by the agreement or the law.  
 
If a violating person receives incomes with this connection, the amount of 
the lost profit to be indemnified to a person whose right was violated may 
not be less than incomes received by a violating person. 
 
4.  Upon the request of a person who incurred the loss and in 
accordance of the circumstances of the case, the property damage may be indemnified in other way, in particular, in kind (by transferring the thing of the same type and quality, repairing the 
damaged thing, etc.). 
 
Article 23. Indemnification for Moral Damage 
  
1.  A person shall have a right to  the indemnification for the moral 
damage resulted from the violat ion of his/her/its right.   
2.  Moral damage consists in:  
  (1)   physical pain and misery suffered by a natural person in 
connection with his/her disability or other health impairment;  
 (2)   soul sufferings incurred by a natural person in connection with 
the illegal conduct of his/her family or close relatives;  
 (3)   soul sufferings incurred by a natural person in connection with 
the destruction or damaging his/hers property;  
 (4)   the abasement of human dignity, honour and business 
standing of a natural person and a legal entity.  
 
3.  Moral damage shall be indemnified by cash, other property or 
otherwise.  
 
The amount of moral damage indemnification shall be specified by the 
court in dependence of the infringement nature, physical and moral suffering extent, degradation of a sufferer's capabilities or depriving him/her of the possibility to realize them, degree of guilt of the person 
inflicting moral damage if this guilt is  a ground for the indemnification as 
well as having regard to other circumstances of material significance.     
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4.  Moral damage shall be indemn ified regardless of the property 
damage, which is subject to the indemnification, and is not 
connected with the amount of this indemnification.  
5.  Moral damage shall be indemnified on a nonrecurring basis unless 
otherwise established by the agreement or the law. 
 
Article 279. Legal Consequences of Non-Compliance with the Court 
Decision on Protection of Personal Non-Property Right 
 
1.  If a person, bound by the court to commit relevant actions to 
eliminate the violation of the personal non-property right, evades 
from execution of the court decision, a fine may be imposed on 
him/her according to the Civil Procedural Code of Ukraine. 
 2.  Payment of the fine shall not release a person from the 
responsibility to sa tisfy the judgment. 
 
Article 280. Right of a Natural Person Whose Personal Non-Property 
Rights are Violated to Compensate for Damage 
 
1.  If a natural person as a result of violation of his/her personal non-
property right incurred material and/or moral damage, such damage 
shall be subject to compensation. 
 
Article 386. Principles for Property Right Protection 
 
2.  An owner that has grounds to foresee a possibility of violation of 
his/her property right by another person may apply to court with the 
request to prohibit performing the actions that may violate his/her 
right or to undertake specific actions to prevent this violation. 
3.  An owner whose rights are violated shall have the right for 
compensation of his material and moral losses. 
 
Article 432. Protection of Intellectual Property Right by Court 
 
2.  The court can make judgment in cases and per the procedure 
established by the law, namely: ... 
 
 (5)   apply single monetary penalty instead of reimbursement for 
losses due to unlawful use of the object of intellectual property right. The amount of the penalty shall be established pursuant to the law taking into account the guilt of a person 
and other circumstances being of vital importance. 
 The Law of Ukraine "On Protection of Rights to Inventions and Utility  
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Models", Article 34 (2) - infringement upon rights of the patent holder, 
Article 35 (2) – protection remedies. 
 
The Law of Ukraine "On Protection of Rights to Trademarks for Goods 
and Services", Article 20 (2) - violation of the certificate holder's rights. 
 
The Law of Ukraine "On Protection of Rights to Industrial Designs", 
Article 26 (2) – violation of the patent holder's rights, Article 27 (2) – protection remedies. 
 
The Law of Ukraine "On Protection of Rights to Integrated Circuit 
Designs", Article 21 (2) – violation of the certificate holder's rights, 
Article 32 (2) – protection remedies. 
 
The Law of Ukraine "On Protection of Rights to Indication of Origin of Goods", Article 25 (2) – protection remedies.  
All the above laws contain the following provision in respect of the 
certificate (patent) holder: 
 
 -  Upon demand of the certificate (patent) holder such violation 
must be terminated, and the infringer shall compensate the 
holder for the inflicted losses. 
 
Additionally these laws contain th e norm with regard to remedies: 
  -  Courts, according to their competence shall settle the disputes 
including but not limited to… compensation. 
 
The Law of Ukraine "On Copyright and Related Rights" 
Article 52. Civil Law Remedies for Protection of Copyright and 
Related Rights 
 
1.  To protect their copyright and related rights subjects of copyright 
and related rights shall address the court and other bodies according 
to their competence in compliance with the procedure established 
by legislation. 
 
 In case any person infringes upon copyright and/or related rights ...subjects of copyright and/or rela ted rights shall be entitled to: 
 
 (c)   lodge claims on reimbursement of moral (non-proprietary) 
damage; 
 (d)   lodge claims on reimbursement of losses (material damage),  
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including lost profit, or collection of income received by the 
infringer in the result of infringing by him copyright and/or 
related rights, or payment of compensation. 
 
2.  The court shall be entitled to pass judgment or approval on the 
following: 
 
 (а)   reimbursement of moral (non-proprietary) damage, caused by 
infringement of copyright and/or related rights, and determine 
the amount of reimbursement; 
  (b)   reimbursement of losses, caused by infringement of copyright 
and/or related rights;  
 (c)   collection of the income received by the infringer  of 
copyright and/or related rights; 
  (d)   payment of compensation, determined by court, in the 
amount of 10 to 50,000 minimum salaries instead of reimbursement of losses or collection of income. 
 
While determining amounts of losses that shall be reimbursed to the 
person, whose rights were infringed, and in order to reimburse the moral 
(non-proprietary) damage the court shall proceed from the core of the 
infringement, material and moral damage, caused to copyright and/or 
related rights holder, and from possible income that could be received by 
this person. The amount of losses, cau sed to the person, whose rights were 
infringed, may also include person's expenses on court proceedings, as well as expenses associated with lawyer's services.  
While determining the co mpensation that should be paid instead of 
reimbursement of losses or collection of income, the court shall determine – within limits, established by clause  "d" of this part - the amount of 
compensation taking into account the extent of the infringement and/or 
intentions of the defendant. 
 
 3.  The court may pass judgment on imposing a fine on the infringer in 
the size of 10 per cent of the sum, awarded to the plaintiff on court's 
ruling. The amount of fines shall be remitted to the State budget of 
Ukraine according to the procedure established by legislation. 
 
The materials and equipment used for the reproduction of the counterfeit specimens shall be alienated, and the funds received shall be remitted to the State budget of Ukraine.  
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2. The judicial authorities shall also have the authority to order the infringer to pay 
the right holder expenses, which may include appropriate attorney's fees.  In 
appropriate cases, Members may authorize the judicial authorities to order 
recovery of profits and/or payment of pre-established damages even where the 
infringer did not knowingly, or with reasonable grounds to know, engage in 
infringing activity. The Code of Civil Procedure of Ukraine 
Article 76. Compensation of Expenses for Lawyer 
 
Party winning the case shall receive by court's sentence compensation for 
a lawyer taking part in the case from  loosing party in amount up to five 
per cent of satisfied statement of claim, but not more than amount of 
statutory price. 
 If according to the determined order the lawyer's assistance was received 
free of charge, court levies from another party the mentioned amount for 
the benefit of legal consultation or for state income. 
 
The Code of Economic Procedure of Ukraine 
Article 49. Commercial Cost Sharing 
 
Par. 7. Amounts payable for forensic examination, the translator's and advocate's services, information and technical support of the proceeding 
and other expenses involved in the judicial proceedings shall be charged 
to: 
 
 -  the respondent if the claim is settled; 
 -  the claimant if the action is dismissed; 
 -  on both parties if the claim is settled partially.  
+ 
Article 46.  Other Remedies 
 
In order to create an effective deterrent to infringement, the judicial authorities shall 
have the authority to order that goods that they have found to be infringing be, without 
compensation of any sort, disposed of outside the channels of commerce in such a 
manner as to avoid any harm caused to the right holder, or, unless this would be 
contrary to existing constitutional requir ements, destroyed.  Th e judicial authorities 
shall also have the authority to order that materials and implements the predominant 
use of which has been in the creation of the infringing goods be, without compensation 
of any sort, disposed of outside the channels of commerce in such a manner as to 
minimize the risks of further infringements.  In considering such requests, the need for 
proportionality between the seriousness of the infringement and the remedies ordered 
as well as the interests of third parties sh all be taken into account.  In regard to 
counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce. The Law of Ukraine "On Copyright and Related Rights" 
Article 52. Civil Law Remedies for Protection of Copyright and 
Related Rights 
 
  In case any person infringes upon copyright and/or related rights 
...subjects of copyright and/or rela ted rights shall be entitled to: 
  (b)   lodge claims on renewal of infringed rights and/or suspension 
of actions infringing  copyright and/or related rights or pose a 
threat of their infringement; 
 (e)   demand suspension of preparatory actions targeted upon 
infringement of copyright and/or related rights, including 
suspension of customs procedures, in case there is a suspicion 
that counterfeit  specimens of works, phonograms, videograms, devices for breakage of technical protection means may be admitted into or outside the customs territory 
of Ukraine as envisaged by the Customs Code of Ukraine; 
 (i)   demand undertaking actions established by legislation to 
protect copyright and related rights. 
 
3.  The court may pass judgment on imposing a fine on the infringer in  
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the size of 10 per cent of the sum, awarded to the plaintiff on court's 
ruling. The amount of fines shall be remitted to the State budget of 
Ukraine according to the procedure established by legislation. 
4.  The court may pass judgment on seizure or confiscation of all 
counterfeit specimens of works, phonograms, videograms or 
broadcast programs that are proven to have been manufactured with 
infringement of copyright and/or related rights, and devices of 
breaking technical protection means. This shall also apply to all clichés, matrixes, forms, originals, magnetic tapes, photographic 
negatives and other items with the help of which specimens of 
works, phonograms, videograms and broadcast programs are 
reproduced, as well as materials and equipment used for their 
reproduction, and manufacturing of devices to break technical 
protection means. 
 Pursuant to a court judgment, counterfeit specimens of works (including computer software and databases), phonograms, videograms and 
broadcast programs that have been seized, can be transferred to the 
subject of copyright and/or related rights upon his request. If this person 
does not demand the transfer, the counterfeit specimens shall be 
destroyed, and The materials and equipment used for the reproduction of 
the counterfeit specimens shall be alienated, and the funds received shall 
be remitted to the State budget of Ukraine. 
 
The Law of Ukraine "On Protection of Rights to Trademarks for 
Goods and Services" Article 20 (2).  
 
Par.2. The certificate holder may also demand removal of illegally used 
marks or trademarks from goods or packaging, which look so similar to theirs that they may be confused, or destruction of produced copies of the trademark or mark, which look so similar to the original that they may be 
confused.  
Article 47.  Right of Information 
 
Members may provide that the judicial authorities shall have the authority, unless this 
would be out of proportion to the seriousness of the infringement, to order the 
infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or services and of their channels of distribution. The Law of Ukraine "On Copyright and Related Rights" 
Article 52. Civil Law Remedies for Protection of Copyright and 
Related Rights 
 
In case any person infringes upon copyright and/or related rights ...subjects of copyright and/or rela ted rights shall be entitled to: 
 
 (h)   demand from persons infringing copyright and/or related 
rights of the plaintiff, providing information on third persons, 
involved into production and distribution of counterfeit 
specimens and objects of related rights, as well as on devices 
for breakage of technical protection means, and their  
 
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distribution channels; 
 
2.  The court shall be entitled to pass judgment or approval on the 
following: 
 
 (f)   demand from persons, infringing copyright and/or related 
rights of the claimant to provide information on third persons 
involved into production and distribution of counterfeit specimens of works and objects of related rights, and devices 
of breakage of technical means and channels of their 
distribution. 
Article 48.  Indemnification of the Defendant 
 
1. The judicial authorities shall have the au thority to order a pa rty at whose request 
measures were taken and who has abused enforcement procedures to provide to 
a party wrongfully enjoined or restrained adequate compensation for the injury 
suffered because of such abuse.  The judicial authorities shall also have the 
authority to order the applicant to pay the defendant expenses, which may 
include appropriate attorney's fees. The Code of Civil Procedure of Ukraine 
Articles 62-11. Compensation of Damage Inflicted by Provisional Measures 
 
In the event of termination of preventive measures or in the event of 
refusal of the applicant from the claim, or in the event of taking legal 
effect by the decision on refusal to satisfy the claim a person, with respect 
to whom provisional measures have been taken shall have the right to 
compensation of the damage inflicted by the taking of such remedies. 
 If the applicant placed a security, compensation of the damage inflicted 
by the taking of provisional measures shall be conducted first of all at the expense of such security.  
Security shall be returned to the applicant in full if the court satisfied the 
applicant's claim, or if the defendant accepted the claim, or if the court 
approved of the amicable settlement between the parties. 
 
In cases provided by items 2-4 of Article 62-10 of this Code, as well as 
during the consideration of the case per se, the court may settle the issue of compensation of the damage inflicted by the taking of provisional 
measures. 
 
Article 158. Respondent's Rights in Providing for a Suit 
 
Assuming providing for a suit, court or a judge can demand from 
respondent to provide for his possible losses.  In case suit is rejected and after decision is in force respondent can 
demand from the plaintiff to compensate him for losses caused by 
providing for a suit. 
 
 
  
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The Code of Economic Procedure of Ukraine  
Article 43-10. Compensation of Damage Inflicted by Provisional 
Measures 
 
In the event of termination of provisio nal measures or in the event refusal 
of the applicant from the claim, or in the event of taking legal effect by 
the decision on refusal to satisfy the claim a person, with respect to whom 
provisional measures have been taken shall have the right to 
compensation of the damage inflicted by the taking of such remedies. 
 
 If the applicant placed a security, compensation of the damage inflicted 
by the taking of provisional measures shall be conducted first of all at the 
expense of such security. Security shall be returned to the applicant in full 
if the economic court satisfied the applicant's claim, or if the defendant 
accepted the claim, or if the economic court approved of the amicable settlement between the parties.  
In cases provided by items 2-4 of Article 43-9 of this Code, as well as 
during the consideration of the case per se, the economic court may settle 
the issue of compensation of the damage inflicted by the taking of 
provisional measures. 
 
The Law of Ukraine "On Copyright and Related Rights"  
Article 53 
 
P.3. ...Before the approval of undertaking temporary measures, indicated in paragraph one of this part, the court shall be entitled to demand from 
the plaintiff to prove that he is a subject of copyright and/or related rights, 
and that these rights are infringed or will be inevitably infringed, and also provide the plaintiff with court's approval to leave a pledge or an appropriate guarantee, sufficient to prevent the abuse of temporary 
measures.  
 
The pledge shall consist in depositin g at the court's account a certain sum 
of money or other material values. The size of the pledge (guarantee) shall 
be determined by the court taking into consideration the circumstances of 
the case, but shall not be less than 100 untaxed minimum personal 
incomes and not more than the amount of the claimed damage. 
 ...The pledge shall be returned in full to the plaintiff in case the court refuses to accept the claim for consideration, or in case of full or partial 
satisfaction of the claim. Otherwise the pledge shall be allocated for 
implementation of the decision on compensation of the damage to the defendant, caused by applying temporary measures.  
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In case temporary measures specified in paragraph one of this part are 
abolished, or if during the consideration of the case it becomes evident 
that there is no infringement or a threat of infringement of copyright 
and/or related rights, the court – on de fendant's request - shall be entitled 
to pass judgment on providing the defendant with appropriate 
compensation by the plaintiff for any damage caused by these measures. 
2. In respect of the administration of any law pertaining to the protection or 
enforcement of intellectual property rights, Members shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith in the course of the 
administration of that law.   
 
Article 49.  Administrative Procedures 
 
To the extent that any civil remedy can be ordered as a result of administrative 
procedures on the merits of a case, such procedures shall conform to principles 
equivalent in substance to thos e set forth in this Section. The Code of Civil Procedure of Ukraine 
Article 1. Legislation on Civil Litigation 
 
Par. 2. Cases coming in to existence from administrative-legal relations 
and cases for separate execution shall be considered according to the general rules of legal procedure, besides of certain exceptions provided 
for by this Code and other laws of Ukraine.  
 
+ 
Section 3:  Prov isional Measures 
Article 50 
 1. The judicial authorities shall have the authority to order pr ompt and effective 
provisional measures: 
 
 (a)  to prevent an infringement of  any intellectual property right from 
occurring, and in particular to prevent the entry into the channels of 
commerce in their jurisdiction of goods, including imported goods 
immediately after customs clearance; 
 (b)  to preserve relevant evidence in regard to the alleged infringement. The Code of Civil Procedure of Ukraine 
Article 152. Methods to Provide for a Suit 
 
A suit can be provided for by: 
 
 (1)   sequestration of the property or money sums belonging to the 
respondent and located at him or at other persons; 
 (2)   prohibition from certain actions; 
 (3)   prohibition to other persons to conduct payments or to pass 
any property to respondent; 
 (4)   stoppage of the sail of di strained property, if the suit for 
ownership right for this property or for its exclusion from the 
distrain; 
 (5)   stoppage of the penalty on the basis of executive decision by 
the notary when debtor disputes it with statement of claim. 
 
Article 218. Court's Right to Immediate Execution of Resolution 
 
Deciding on the case court can assume its immediate execution in cases: 
  (1)   inflicting penalty on al l sum of debt while adjudging 
payments determined by points 1 and 2 article 217 of this 
Code; 
 (2)   when delay with decision execution might cause essential 
damage to party benefiting from the decision;  
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 (3)   when there are reasons to believe that executing decision later 
might be infringed or impossible; 
 (4)  forced eviction from mortgaged premises. 
 
Article 62-1. Ground to Take Provisional Measures 
 
A person that has grounds to believe that his/her rights are violated or 
there is a real threat to their violatio n shall have the right to apply to the 
court with the application for provisional measures prior to filing a claim. 
 
Article 62-2. Types of Provisional Measures 
 
Provisional measures include: 
 
 (1)   examination of premises, where actions associated with the 
violation of the rights take place; 
 (2)   seizure of property that be longs to the person  with respect to 
whom provisional measures have been taken, and is being 
with him/her or other persons. 
 
Article 62-4. The Procedure of Considering a Claim on Provisional 
Measures 
 
Application on taking provisional measur es shall be considered within the 
procedure established by Article 38 hereof, not later than two days from its filing.  
...The court may oblige the applicant to secure its claim with a pledge 
adequate for preventing abuse of provisional measures, which shall be deposited at the court's account. The size of the pledge shall be established by the court in consideration of the circumstance of the case, 
but may not exceed the amount of the declared damage. 
 
The court shall render an approval on taking provisional measures, 
wherein chosen remedies shall be specified, as well as the grounds for 
their selection, the procedure and means of their execution, and the 
amount of security, if any. Copies of the approval shall be sent to the 
applicant and the person with respect to whom provisional measures 
would be taken immediately upon its rendering. Should the approval be rendered with the involvement of the applicant but without the person with respect to whom provisional measures are requested, a copy of the 
approval shall be sent to the person, with respect to whom provisional 
measures have been taken immediately after its rendering...   
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Article 62-6. Execution of the Approval on Provisional Measures 
 
The approval on provisional measures shall be executed immediately in 
keeping with the procedure establishe d for execution of court judgments. 
 
In the event the applicant's claims are secured, the approval on taking 
provisional measures shall be executed immediately upon security is 
placed in full.  
Article 62-7. Liability for Failu re to Execute th e Approval on 
Provisional Measures 
 
A person guilty of failure to execute the approval on pr ovisional measures 
or impeding such execution, upon a court judgment may be fined in the 
size up to one minimum non-taxable personal income, if such actions do not entail criminal liability under the ef fective legislation. In addition, the 
applicant shall be entitled to charge such person for the losses inflicted by 
non-execution of the approval on preventive measures. 
 
The Code of Economic Procedure of Ukraine  
Article 66. Grounds for Securing a Claim 
 
The economic court shall have the right to take measures to secure a claim 
If so requested by the parties, public  prosecutor or his   deputy filing the 
statement of claim, or at the court's discretion.  Securing a claim shall be allowed at any stage in the course of judicial proceedings when there are grounds to assume that the implementation of the court ruling in the case 
would otherwise be impeded or made impossible. 
 
Article 67. Measures to Secure a Claim 
 
A claim shall be secured by: 
 
 -  seizure of the respondent's property or funds; 
 -  forbidding the respondent to take certain actions; 
 -  forbidding other persons to take actions with regard to the 
subject of contention; 
 -  suspension of enforcement procedures as per writ of execution 
or other documents providing for an unconditional exaction. 
 The economic court shall pass a ruling on securing a claim.  This ruling 
may be appealed as a matter of oversight procedures. 
 
  
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The Code of Civil Procedure of Ukraine 
Article 54. Storage of Material Evidence 
 
Material evidence – before taking legal effect by the judgment – shall be 
stored in the file, or handed to the storage cabinet of material evidence of 
the court according to the list. 
 
Items that may not be brought to the court shall be stored at the place of their location; they shall be described in detail and sealed, and 
photographed if need be. 
 The court shall take measures to store items in the unchanged state.  
2. The judicial authorities shall have the authority to adopt pr ovisional measures 
inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk 
of evidence being destroyed. The Code of Civil Procedure of Ukraine 
Article 35. Grounds for Providing Evidences 
 
Persons having grounds to apprehend that submission of the necessary to 
them evidences might be impossible or difficult in a time are eligible to 
appeal to the court or to the judge during the case consideration for 
providing these evidences both prior and after filing the statement. 
 
The Code of Economic Procedure of Ukraine 
Article 39. 
 
The economic court may examine and study written proof and demonstrative evidence where such proof and evidence are located if 
producing them in the courtroom is difficult.  
 
Article 43-1. Grounds for Taking Provisional Measures 
 
A person that has grounds to believ e that the filing of the required 
evidence will become impossible or hard to do in the course of time, and that his/her rights are violated, or ther e is a real threat of such violation, 
shall have the right to apply to the economic court for provisional 
measures prior to filing a claim. 
 
Article 43-2. Types of Provisional Measures 
 
Types of provisional measures include:   (1)   demanding and obtaining evidence; 
 (2)   examination of premises, where actions associated with the 
violation of the rights take place; 
 (3)   seizure of property that be longs to the person  with respect to 
whom provisional measures have been taken, and is being 
with him/her or other persons..  
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The Law of Ukraine "On Copyright and Related Rights"  
 
3.  If the defendant in the case of infringement of copyright and/or 
related rights denies access to required information, or fails to 
provide it within a reasonable term, puts obstacles in court 
proceedings, or with the purpose of preservation of relevant 
evidence on the incriminated infringement, especially in case when 
any delay may cause unrecoverable damage to the person holding copyright and/or related rights, or wh en there is obviou s risk that the 
evidence may be destroyed, a court or a judge shall be entitled on 
their own on plaintiff's request to practice temporary measures 
before bringing a claim or starting the consideration of the case with 
participation of the other side (defendant)... 
3. The judicial authorities shall have th e authority to require the applicant to 
provide any reasonably available evidence in order to satisfy themselves with a 
sufficient degree of certainty that the applicant is the right holder and that the 
applicant's right is being infringed or that such infringement is imminent, and to 
order the applicant to provide a security or equivalent assurance sufficient to 
protect the defendant and to prevent abuse. The Code of Civil Procedure of Ukraine  
Article 30. Obligations of Pr oving and Providing Evidences 
 
Each party shall proof circumstances it refers to as the ground for its 
demands and objections. 
 
Parties or other persons who take part in the case shall submit evidences. 
If parties or other persons who take part in the case face difficulties with 
demanding and obtaining some evidences, upon their request court shall facilitate demand and obtain of such evidences.   
Article 36. Methods to Provide Evidences 
 
Judge shall provide evidences, particularly via: examination of witnesses, 
prescribing tests, demanding and examining of the written and material 
evidences. 
 Court or judge shall pass the resolution on providing evidences. This 
resolution shall provide for order and method of its implementation. 
 
Records of evidences and all the materials collected while providing 
evidences shall be directed to the court, which examines the case. 
 
Article 62-4.  
 
The court shall have the right to oblige the applicant to attach to the 
application any evidence available as regards violation of a threat of 
violation of his/her rights. 
 
The court may oblige the applicant to secure its claim with a pledge 
adequate for preventing abuse of provisional measures, which shall be  
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deposited at the court's account. The size of the pledge shall be 
established by the court in consideration of the circumstance of the case, 
but may not exceed the amount of the declared damage. 
 
The court shall render an approval on taking provisional measures, 
wherein chosen remedies shall be specified, as well as the grounds for 
their selection, the procedure and means of their execution, and the 
amount of security, if any.   
Should there be no grounds for taking provisional measures, as well as the 
failure to comply with the requirements provided by part three of this 
Article, the court shall render an ap proval to reject the application for 
provisional measures. 
 
The Code of Economic Procedure of Ukraine  
Article 62-11. Compensation of Damage Inflicted by Provisional 
Measures 
 
If the applicant placed a security, compensation of the damage inflicted 
by the taking of provisional measures shall be conducted first of all at the 
expense of such security.  
 
Security shall be returned to the applicant in full if the economic court 
satisfied the applicant's claim, or if the defendant accepted the claim, or if 
the economic court approved of the amicable settlement between the parties.  
In cases provided by items 2-4 of Article 43-9 of this Code, as well as 
during the consideration of the case per se, the economic court may settle the issue of compensation of the damage inflicted by the taking of provisional measures. 
 
The Law of Ukraine "On Copyright and Related Rights"  
Article 53  
 
Par.7. Before the approval of undertaking temporary measures, indicated 
in paragraph one of this part, the court shall be entitled to demand from 
the plaintiff to prove that he is a subject of copyright and/or related rights, 
and that these rights are infringed or will be inevitably infringed, and also provide the plaintiff with court's approval to leave a pledge or an appropriate guarantee, sufficient to prevent the abuse of temporary 
measures. 
 The pledge shall consist in depositin g at the court's account a certain sum  
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of money or other material values. The size of the pledge (guarantee) shall 
be determined by the court taking into consideration the circumstances of 
the case, but shall not be less than 100 untaxed minimum personal 
incomes and not more than the amount of the claimed damage. 
4. Where provisional measures have been adopted inaudita altera parte, the parties 
affected shall be given notice, without delay after the execution of the measures 
at the latest.  A review, including a right to be heard, shall take place upon 
request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. The Code of Civil Procedure of Ukraine  
Article 62-4.  
 
5 par. The court shall render an approval on taking provisional measures, wherein chosen remedies shall be specified, as well as the grounds for their selection, the procedure and means of their execution, and the 
amount of security, if any. Copies of the approval shall be sent to the 
applicant and the person with respect to whom provisional measures would be taken immediately upon its rendering. Should the approval be rendered with the involvement of the applicant but without the person 
with respect to whom provisional measures are requested, a copy of the 
approval shall be sent to the person, with respect to whom provisional 
measures have been taken immediately after its rendering. 
 
Article 62-8.  
 
The approval on taking provisional measures rendered with the 
participation of the applicant withou t notification of the person with 
respect to whom provisional measures have been taken, may be applied for cancellation by the latter within ten days. 
 
...Based on the results of the application consideration the court shall 
render an approval on leaving the approval on provisional measures 
unchanged, making amendments to it, or its cancellation. 
 
Article 62-9. Appeal of Approvals as to Taking Provisional Measures 
 
An approval on provisional measures, an approval on rejection of the 
application for provisional measures, as well as an approval on leaving 
the approval unchanged, making amendments to it or its cancellation may 
be appealed in court.  
+ 
 
5. The applicant may be required to supply other information necessary for the 
identification of the goods concerned by the authority that will execute the 
provisional measures. The Code of Civil Procedure of Ukraine  
Article 62-4  
 
Par. 3. The court shall have the right to oblige the applicant to attach to 
the application any evidence available as regards violation of a threat of 
violation of his/her rights.  + 
  
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6. Without prejudice to paragraph 4, prov isional measures taken on the basis of 
paragraphs 1 and 2 shall, upon request by the defendant, be revoked or otherwise 
cease to have effect, if proceedings leading to a decision on the merits of the 
case are not initiated within a reasonable period, to be determined by the judicial 
authority ordering the measures where a Member's law so permits or, in the 
absence of such a determination, not to exceed 20 working days or 31 calendar 
days, whichever is the longer. The Code of Civil Procedure of Ukraine 62-8.  
 
Par.1. The approval on taking provisional measures rendered with the 
participation of the applicant withou t notification of the person with 
respect to whom provisional measures have been taken may be applied for 
cancellation by the latter within ten days. 
 
Article 62-9  
 
Par.1. An approval on provisional m easures, an approval on rejection of 
the application for provisional measures, as well as an approval on 
leaving the approval unchanged, making amendments to it or its 
cancellation may be appealed in court.  
+ 
7. Where the provisional measures are revoked or where they lapse due to any act 
or omission by the applicant, or where it is subsequently found that there has 
been no infringement or threat of infringement of an intellectual property right, 
the judicial authorities shall have the au thority to order the applicant, upon 
request of the defendant, to provide the defendant appropriate compensation for 
any injury caused by these measures 
 
8. To the extent that any provisional measure can be ordered as a result of 
administrative procedures, such procedures shall conform to principles equivalent in substance to thos e set forth in this Section. 
 The Code of Civil Procedure of Ukraine  
Article 62-11 
 
In the event of termination of preventive measures or in the event of 
refusal of the applicant from the claim, or in the event of taking legal 
effect by the decision on refusal to satisfy the claim a person, with respect 
to whom provisional measures have been taken shall have the right to 
compensation of the damage inflicted by the taking of such remedies. 
 If the applicant placed a security, compensation of the damage inflicted by the taking of provisional measures shall be conducted first of all at the 
expense of such security. 
 
In cases provided by items 2-4 of Article 62-10 of this Code, as well as 
during the consideration of the case per se, the court may settle the issue 
of compensation of the damage inflicted by the taking of provisional 
measures.  
Article 158. Respondent's Rights in Providing for a Suit 
 
Assuming providing for a suit, court or a judge can demand from 
respondent to provide for his possible losses. 
In case suit is rejected and after decision is in force respondent can 
demand from the plaintiff to compensate him for losses caused by providing for a suit.  
The Code of Economic Procedure of Ukraine 
Article 43-10. Compensation of Damage Inflicted by Provisional Measures 
 
In the event of termination of provisio nal measures or in the event refusal  
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of the applicant from the claim, or in the event of taking legal effect by 
the decision on refusal to satisfy the claim a person, with respect to whom 
provisional measures have been taken shall have the right to 
compensation of the damage inflicted by the taking of such remedies. 
 
If the applicant placed a security, compensation of the damage inflicted 
by the taking of provisional measures shall be conducted first of all at the 
expense of such security. Security shall be returned to the applicant in full if the economic court satisfied the applicant's claim, or if the defendant 
accepted the claim, or if the economic court approved of the amicable 
settlement between the parties. 
 
In cases provided by items 2-4 of Article 43-9 of this Code, as well as 
during the consideration of the case per se, the economic court may settle 
the issue of compensation of the damage inflicted by the taking of provisional measures.  
The Law of Ukraine "On Copyright and Related Rights"  
Article 53 
 
Par. 9,10. The pledge shall be returned in full to the plaintiff in case the 
court refuses to accept the claim for consideration, or in case of full or 
partial satisfaction of the claim. Otherwise the pledge shall be allocated 
for implementation of the decision on  compensation of the damage to the 
defendant, caused by applying temporary measures.  In case temporary measures specified in paragraph one of this part are 
abolished, or if during the consideration of the case it becomes evident 
that there is no infringement or a threat of infringement of copyright and/or related rights, the court – on de fendant's request - shall be entitled 
to pass judgment on providing the defendant with appropriate 
compensation by the plaintiff for any damage caused by these measures. 
Section 4: Special Requirements Related to Border Measures 
Article 51.  Suspension of Release by Customs Authorities 
 
Members shall, in conformity with the provisions set out below, adopt procedures to 
enable a right holder, who has valid grounds for suspecting that the importation of 
counterfeit trademark or pirated copyright goods may take place, to lodge an 
application in writing with co mpetent authorities, administrative or judicial, for the 
suspension by the customs au thorities of the release into free circulation of such 
goods. The Customs Code of Ukraine 
Article 255.  
 
Customs control and customs clearance of goods that contain objects of 
intellectual property rights shall be carried out in accordance with the 
procedure established by this Code and other acts of Ukraine. 
 
Article 256 
 
The holder of the right to an intellectual property object, who has grounds 
to believe that in the process of movement of goods through the customs  
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border of Ukraine his/her rights to an object of intellectual property rights 
are violated, or may be violated, shall have a right to file an application 
with the specially authorized central body of executive power on customs 
practice to register goods containing objects of intellectual property 
rights. 
 
The specially authorized central body of executive power on customs 
practice shall maintain a registry of go ods referred to in part one of this 
Article. 
 
Procedures of registration of goods containing objects of intellectual 
property rights, including the right holder's application form, the list of 
information and documents that are to be attached to the application, 
procedure for filing and review of  the application, procedure for 
maintaining the registry, shall be established by the Cabinet of Ministers of Ukraine.   
After the registration of the respective goods with the registry of the 
specially authorized central body of executive power on customs practice, 
the customs authorities of Ukraine shall take measures to prevent 
movement of infringing goods into the customs territory of Ukraine. 
 
To ensure the customs control over the movement of goods that contain 
objects of intellectual property rights through the customs territory of 
Ukraine, information regarding the registered goods shall be communicated to all customs authorities of Ukraine.  
Article 257.  
 
If the customs authority, based on the data contained in the register of goods containing objects of intellectua l property rights, which is kept by 
the specially authorized central body of executive power on customs 
practice, detects that the goods submitted for customs control and customs 
clearance have characteristics of infringing goods, their customs clearance 
shall be suspended. Such goods shall be stored at the temporary storage 
warehouses or customs authority warehouses. 
 
The customs authority head or his/her deputy shall make a decision to 
suspend the customs clearance for the period of 15 calendar days, reserving, however, the possibility of prolonging this term for not more than 15 calendar days. 
 
With the customs authority's permission, the owner of the rights to object of intellectual property and the declarant may take probes and samples of  
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the goods in respect to which the decision to suspend the customs 
clearance has been made to be sent for expert examination. The copies of 
the appropriate expert conclusions shall be submitted to the customs 
authority. 
 
If the fact that the goods, in respect of which the decision to suspend the 
customs clearance has been made, are infringing, is confirmed within the 
timeframes set forth in part 2 of this Article, the customs authority shall initiate proceedings on the case on violation of customs rules pursuant to 
the procedure set forth by this Code, while the goods directly involved in 
this violation shall be withdrawn as prescribed by this Code. 
 
If the fact that the goods, in respect of which the decision to suspend the 
customs clearance has been made, are infringing, is not confirmed within 
the timeframes set forth in part 2 of this Article, the customs clearance of these goods shall be carried out in a usual manner. 
Members may enable such an application to be made in respect of goods which 
involve other infringements of intellectual property rights, provided that the 
requirements of this Section are met.  The Customs Code of Ukraine 
Article 256 
 
The holder of the right to an intellectual property object, who has grounds 
to believe that in the process of movement of goods through the customs 
border of Ukraine his/her rights to an object of intellectual property rights are violated, or may be violated, shall have a right to file an application with the specially authorized central body of executive power on customs 
practice to register goods containing objects of intellectual property 
rights.  
+ 
Members may also provide for corresponding procedures concerning the suspension 
by the customs authorities of the release of infringing goods destined for exportation 
from their territories. The Customs Code of Ukraine 
Article 1 
 
(10)  infringing goods – goods containing objects of intellectual property, 
which, if brought into/from the cu stoms territory of Ukraine, cause 
violation of the owner's rights protected by current Ukrainian 
legislation and international treaties of Ukraine, concluded in 
conformity with the procedure established by law; 
 
Article 255.  
 
Customs control and customs clearance of goods that contain objects of 
intellectual property rights shall be carried out in accordance with the 
procedure established by this Code and other acts of Ukraine. + 
Article 52.  Application 
 
Any right holder initiating the procedures under Article 51 shall be required to provide adequate evidence to satisfy the competent authorities that, under the laws of the The Customs Code of Ukraine 
Article 257 
 
Par.3,4 Not later than the next working day following the date when the  
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country of importation, there is prima facie an infringement of the right holder's 
intellectual property right and to supply a sufficiently detailed description of the goods 
to make them readily rec ognizable by the customs authorities.  The competent 
authorities shall inform the applicant within a reasonable period whether they have 
accepted the application and, where determined by the competent authorities, the 
period for which the customs authorities will take action. decision on suspending the customs clearance of the goods mentioned in 
part 1 of this Article has been ma de the customs authority informs the 
appropriate owner of the right to the object of intellectual property about 
the fact that these goods crossed the customs border of Ukraine, as well as 
informs the declarant about the reasons of their customs clearance 
suspension, and also informs the declarant about the name and address of 
the owner of rights to object of intellectual property. The notification sent 
to the owner of the right to intellectual property object shall include the list of those goods the customs clearance of which has been suspended, 
these goods' customs value declared by the declarant, the mentioned 
goods' owner's name and address, as well as other needed information. 
 
The Regulation on the procedure and registration and moving through the 
customs border of Ukraine of goods containing objects of intellectual 
property approved by the Resolution of the Cabinet of Ministers of Ukraine No. 412 of 28 April 2001 (hereinafter – the Regulation)   
6.  To prevent infringement upon intellectual property right during 
importation/exportation of objects of intellectual property the right 
holder or his/her representative shall have the right to apply to the 
State Customs Service with the pe tition to introduce control over 
moving of objects of intellectual property through the customs 
border of Ukraine. For this purpose the right holder or his/her 
representative shall file an application to the State Customs Service 
on entering the object of intellectual property in the registry in keeping with the form provided in the annex. 
 
The following shall be attached to the application: 
  -  excerpt of the relevant registry of the state authority that 
issued the protective document on the registration of the 
intellectual property right in Ukraine, which confirms the 
validity of the act of registration at the moment of filing the 
application; 
 -  detailed description of the obj ect of intellectual property that 
makes it possible for a customs authority to identify its code 
under the UCP FEA; 
 -  samples of the object of in tellectual property or their photo 
copies; 
 -  other information on the objects of intellectual property that 
makes it possible to identify them; 
 -  information on the countries, producers and means of 
transportation of counterfeit pr oducts is such information is 
available;  
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 -  a letter of guarantee (commitment) to compensate the cost of 
storage, expert examination of the object of intellectual 
property and such other expenses of customs authorities, as 
well as to compensate the losses to the product owner in the 
event violations are not confirmed. 
 
Regulation 
 
7.  The State Customs Service within 30 calendar days shall notify the 
applicant in writing on the decision taken. 
14.  In the event of inclusion of the object of intellectual property in the 
registry the right holder or his/her representative shall have the right 
– within the term of registration – to apply to any customs authority 
with a reasoned petition to suspen d the customs processing of the 
object of intellectual property, with regard to which there are 
sufficient grounds to believe that it is moved through the customs border of Ukraine with the violatio n of intellectual property rights 
of such holder. 
 
The petition shall contain: 
 
 -  detailed description of the object of intellectual property 
imported or exported with the violation of intellectual 
property rights of the holder , and makes it possible for the 
customs authority to identify the object in the registry (if this is impossible, a sample of such object or its photo image shall be provided); 
 -  data on the location of the importer, exporter, receiver of the 
object of intellectual property; 
 -   names of countries and fi rms that produce or distribute 
objects of intellectual property; 
 -  opinions of the expert examination of the customs labouratory 
or other competent authority as to identity of such object to 
that entered in the registry (if a sample of such object is 
available); 
 -  other documents and materials that may be evidence of the 
infringement of the holder's rights. 
 
A copy of the certificate of registration of the object of intellectual property issued by the State Customs Service shall be attached to the petition.  
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Article 53.  Security or Equivalent Assurance 
 
1. The competent authorities shall have the authority to require an applicant to 
provide a security or equivalent assurance sufficient to protect the defendant and 
the competent authorities and to prevent abuse.  Such security or equivalent 
assurance shall not unreasonably deter recourse to these procedures. 
 
2. Where pursuant to an application under this Section the release of goods 
involving industrial designs, patents, layout-designs or undisclosed information 
into free circulation has been suspended by customs authorities on the basis of a 
decision other than by a judicial or other independent authority, and the period 
provided for in Article 55 has expired without the granting of provisional relief 
by the duly empowered authority, and provided that all other conditions for 
importation have been complied with, the owner, importer, or consignee of such 
goods shall be entitled to their release on the posting of a security in an amount sufficient to protect the right holder for any infringement.   
 
Payment of such security shall not prejudice any other remedy available to the right 
holder, it being understood that the security shall be released if the right holder fails to 
pursue the right of action within a reasonable period of time. Regulation, Par.2. i. 6 
 
The following shall be attached to the application: 
 
...a letter of guarantee (commitment) to compensate the cost of storage, 
expert examination of the object of intellectual property and such other 
expenses of customs authorities, as well as to compensate the losses to the 
product owner in the event violations are not confirmed.  
 
  
 
 
+ 
- 
 
Article 54.  Notice of Suspension 
 
The importer and the applicant shall be promptly notified of the suspension of the release of goods according to Article 51. The Customs Code of Ukraine 
Article 257, Par.3,4 
 
Not later than the next working day following the date when the decision 
on suspending the customs clearance of the goods mentioned in part 1 of 
this Article has been made the customs authority informs the appropriate 
owner of the right to the object of intellectual property about the fact that 
these goods crossed the customs border of Ukraine, as well as informs the 
declarant about the reasons of their customs clearance suspension, and 
also informs the declarant about the name and address of the owner of rights to object of intellectual property. The notification sent to the owner 
of the right to intellectual property object shall include the list of those 
goods the customs clearance of which has been suspended, these goods' 
customs value declared by the declarant, the mentioned goods' owner's 
name and address, as well as other needed information. 
 
Regulation Par.3 i.19 
 
A customs authority, in whose juri sdiction customs processing of a 
similar object of intellectual property has been suspended on the grounds 
of notification, shall inform the State Customs Service, the right holder or 
his/her representative and the declarant of the fact of such suspension.  
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Article 55.  Duration of Suspension 
 
If, within a period not exceeding ten working days after the applicant has been served 
notice of the suspension, the customs authorities have not been informed that 
proceedings leading to a decision on the merits of the case have been initiated by a 
party other than the defendant, or that the duly empowered authority has taken 
provisional measures prolonging the suspension of the release of the goods, the goods 
shall be released, provided that all other conditions for importation or exportation have been complied with;  in appropriate cases, this time-limit may be extended by another 
ten working days.  The Customs Code of Ukraine 
Article 257 
 
Par. 2. The customs authority head or his/her deputy shall make a decision 
to suspend the customs clearance for the period of 15 calendar days, 
reserving, however, the possibility of prolonging this term for not more 
than 15 calendar days. 
 
Regulation  
 
18.  Should there arise the grounds stated in the petition of the right 
holder or his/her representative sufficient for suspension of the 
customs processing of the object of intellectual property for the term 
of 15 calendar days the chair of the customs authority shall inform 
the State Customs service through an electronic means and the right holder or his/her representative and the declarant in writing of the decision taken within 24 hours. 
19.  Once the notification of the customs authority on suspension of 
customs processing of the object of intellectual property for the term 
of 15 calendar days is received the State Customs Service shall 
inform the customs authorities of  this fact within 72 hours. 
 
If there are objective reasons this term may be extended for not more than 
15 calendar days upon the decision of the chair of the customs authority in 
the jurisdiction of which the customs processing of the object of intellectual property was suspended.  
23.  In the event a court approval on initiation of legal proceedings on 
the case is submitted by the right hold er or his/her representative to 
the customs authority that suspended the customs processing of the object of intellectual property, th e customs authority shall extend 
the term of suspension until a court judgment is rendered.  
 
+ 
If proceedings leading to a decision on the merits of the case have been initiated, a review, including a right to be heard, shall take place upon request of the defendant 
with a view to deciding, within a reasonable period, whether these measures shall be 
modified, revoked or confirmed. 
 Notwithstanding the above, where the suspension of the release of goods is carried out or continued in accordance with a provisional judicial measure, the provisions of 
paragraph 6 of Article 50 shall apply. Regulation 
 
22.  The right holder or his/her representative within the term of 
suspension of the customs processi ng of the object of intellectual 
property shall be under the obligatio n to file a statement of claim to 
the court for protection of his/her rights according to legislation, or to settle the issue of violation of the holder's righ ts on his/her own 
with the owner of the object, whose customs processing was 
suspended.  
 
The right holder or his/her representative shall be under the obligation 
within the established term to submit to the customs authority a duly  
+ 
  
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certified court approval on initiation of legal proceedings on the case or a 
written withdrawal of the petition to suspend customs processing of the 
object of intellectual property. 
 
The Code of Civil Procedure of Ukraine 
Article 2. Tasks of Civil Litigation 
 
The tasks of civil litigation are protection of rights and lawful interests of natural persons, legal entities and the state through comprehensive 
consideration and settlement of civil cases in full compliance with the 
effective legislation. 
 
Article 62-8.  
 
Par.1. The approval on taking provisional measures rendered with the participation of the applicant withou t notification of the person with 
respect to whom provisional measures have been taken may be applied for 
cancellation by the latter within ten days. 
 
Article 62-9  
 
Par.1. An approval on provisional m easures, an approval on rejection of 
the application for provisional measures, as well as an approval on 
leaving the approval unchanged, making amendments to it or its 
cancellation may be appealed in court. 
Article 56.  Indemnification of the Importer and of the Owner of the Goods 
 
Relevant authorities shall have the authority to order the applicant to pay the importer, 
the consignee and the owner of the goods appropriate compensation for any injury 
caused to them through the wrongful detention of goods or through the detention of goods released pursuant to Article 55. The Code of Civil Procedure of Ukraine 
Article 62-11 
 
If the applicant placed a security, compensation of the damage inflicted 
by the taking of provisional measures shall be conducted first of all at the expense of such security.  
 
Security shall be returned to the applicant in full if the economic court 
satisfied the applicant's claim, or if the defendant accepted the claim, or if 
the economic court approved of the amicable settlement between the 
parties. 
 In cases provided by items 2-4 of Article 43-9 of this Code, as well as during the consideration of the case per se, the economic court may settle 
the issue of compensation of the damage inflicted by the taking of 
provisional measures. 
 
 
  
 
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Article 158. Respondent's Rights in Providing for a Suit 
 
Assuming providing for a suit, court or a judge can demand from 
respondent to provide for his possible losses. 
 
In case suit is rejected and after decision is in force respondent can 
demand from the plaintiff to compensate him for losses caused by 
providing for a suit.  
Regulation 
Par.2. i. 6 
 
The following shall be attached to the application: 
 
...a letter of guarantee (commitment) to compensate the cost of storage, expert examination of the object of intellectual property and such other expenses of customs authorities, as well as to compensate the losses to the 
product owner in the event violations are not confirmed. 
Article 57.  Right of In spection and Information 
 
Without prejudice to the protection of confidential information, Members shall 
provide the competent authorities the author ity to give the right holder sufficient 
opportunity to have any goods detained by the customs authorities inspected in order to substantiate the right holder's claims. Regulation 
 
20.  For the purpose of the final establishment of the fact of violation of 
the holder's rights the holder or his/her representative shall within the shortest possible time to come to the customs authority, to whose jurisdiction a relevant object of intellectual property arrived. 
21.  For establishment of the fact of violation the customs authority may 
allow the holder or his/her representative to examine the delayed 
object of intellectual property, and in the event of necessity to send 
samples of such object for expert examination by the customs 
labouratory or other competent authority.  
 
+ 
The competent authorities shall also have auth ority to give the importer an equivalent 
opportunity to have any such goods inspected.  Where a positive determination has been made on the merits of a case, Me mbers may provide the competent authorities 
the authority to inform the right holder of the names and addresses of the consignor, 
the importer and the consignee and of the quantity of the goods in question. The Customs Code of Ukraine 
Article 257 
 
...The notification sent to the owner of the right to intellectual property 
object shall include the list of those goods the customs clearance of which has been suspended, these goods' customs value declared by the declarant, the mentioned goods' owner's name and address, as well as other needed 
information.  
+ 
Article 58.  Ex Officio Action 
 
Where Members require competent authorities to act upon their own initiative and to 
suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed:   (а)   the competent authorities may at any time seek from the right holder any Regulation 
 
25.  The customs authority shall have the right to initiate the suspension 
of customs processing of the object of intellectual property included in the registry, with regard to which there are grounds to believe that it is moved through the customs border of Ukraine in violation of the intellectual property rights. +* 
(Note.* In view of the fact 
that the provision of Article 
58 is not binding for the Members, and depends on the requirements of Member's legislations,  
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information that may assist them to exercise these powers; 
 (b)   the importer and the right hold er shall be promptly notified of the 
suspension.  Where the importer has lodged an appeal against the 
suspension with the competent authorities, the suspension shall be subject 
to the conditions, mutatis mutandis, set out at Article 55; 
 (c)   Members shall only exempt both public authorities and officials  from 
liability to appropriate remedial measures where actions are taken or 
intended in good faith.  26.  In the event of suspension of the customs processing of the object of 
intellectual property upon the initia tive of the customs authority the 
right holder or his/her representative, the declarant and the State 
Customs Service shall be provided with the notification (via mail, 
fax or email) on the decision made.  
 
The State Customs Service shall send a notification on suspension of the 
customs processing of the object of intellectual property to the customs authorities. 
 
27.  The right holder or his/her re presentative shall immediately (in 
consideration of the terms specified  in item 19 of this Regulation) 
appear in the customs authority that suspended the customs 
processing of the object of intellectual property, and take actions 
provided by items 21-23 hereof. 
28.  A customs authority, in whose jurisdiction optical media were 
detained at the attempt of illegal moving through the customs border 
of Ukraine with the following writing of a protocol on violation of 
the customs rules, shall within three days from the momen of their 
detention send two samples of optical media from each deteined 
consignment (package) to the nearest customs labouratory. 
21.  For establishment of the fact of violation the customs authority may 
allow the holder or his/her representative to examine the delayed 
object of intellectual property, and in the event of necessity to send 
samples of such object for expert examination by the customs labouratory or other competent authority. 
22.  The right holder or his/her representative within the term of 
suspension of the customs processi ng of the object of intellectual 
property shall be under the obligatio n to file a statement of claim to 
the court for protection of his/her rights according to legislation, or to settle the issue of violation of the holder's righ ts on his/her own 
with the owner of the object, whose customs processing was 
suspended.  
 
The right holder or his/her representative shall be under the obligation 
within the established term to subm it to the customs authority a duly 
certified court approval on initiation of legal proceedings on the case or a 
written withdrawal of the petition to suspend customs processing of the 
object of intellectual property.  
23.  In the event of submission by the right holder or his/her representative of the 
court approval on initiation of legal proceedings on the case to the customs 
authority, such authority shall extend the term of suspension of customs 
processing until a court judgment is rendered . presently a possibility of 
making amendments to the 
effective legislation is 
discussed  as to suspension 
of customs processing of 
goods by customs 
authorities. Amendments are 
proposed to be made to Article 257 of the Customs 
Code and the mechanism of 
suspension of customs 
processing upon the 
initiative of customs 
authorities is assessed in the 
presence of sufficient grounds to believe that in the result of moving certain 
goods through the customs 
territory of Ukraine the 
rights to objects of 
intellectual property  may be 
violated, with respect to 
which no application for 
protection of intellectual 
property rights was filed according to Article 256 of this Code.  
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Article 59.  Remedies 
 
Without prejudice to other rights of action open to the right holder and subject to the 
right of the defendant to seek review by a judicial authority, competent authorities 
shall have the authority to order the destruction or disposal of infringing goods in 
accordance with the principles set out in Article 46. In regard to counterfeit trademark 
goods, the authorities shall not allow the re -exportation of the infringing goods in an 
unaltered state or subject them to a different customs procedure, other than in exceptional circumstances. The Law of Ukraine "On Copyright and Related"  
Article 52 
 
Par.2 p.4 Pursuant to a court judgment, counterfeit specimens of works 
(including computer software and databases), phonograms, videograms 
and broadcast programs that have been seized, can be transferred to the 
subject of copyright and (or) related rights upon his request. If this person 
does not demand the transfer, the counterfeit specimens shall be destroyed, and The materials and equipment used for the reproduction of 
the counterfeit specimens shall be alienated, and the funds received shall 
be remitted to the State budget of Ukraine. 
 
The Law of Ukraine "On Protection of Rights to Trademarks for 
Goods and Services"  
Article 20 
 
Par.2 p.2  The certificate holder ma y also demand removal of illegally 
used marks or trademarks from goods or packaging, which look so similar 
to theirs that they may be confused, or destruction of produced copies of 
the trademark or mark, which look so similar to the original that they may 
be confused.  
 
+ 
Article 60.  De Minimis Imports 
 
Members may exclude from the application of the above provisions small quantities of 
goods of a non-commercial nature contained in travellers' personal luggage or sent in 
small consignments. The Customs Code of Ukraine  
Article 250  
 
Goods are exported outside the customs territory of Ukraine by the 
citizens in accordance with procedures and requirements established by 
legislation of Ukraine for enterprises, unless otherwise provided by law. 
 
Part one of this Artic le shall not apply to: 
  (7)   items (property) of person al use, including items needed for 
preliminary settlement, purchased in Ukraine by non-resident 
citizens who enjoy privileges under international treaties of 
Ukraine concluded in accordance with procedure established 
by law, that are taken (sent) by such citizens in connection 
with their ultimate leaving Ukraine; 
 
Article 345. Movement of Goods through the Customs Border of 
Ukraine with Violation of Intellectual Property Rights 
 
Importation of goods into the customs territory of Ukraine or exportation 
of goods outside the customs territory of Ukraine for commercial 
purposes with violation of intellectual property rights, protected by law - 
shall be the reason for imposing penalty in the amount of ten to one  
+  
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hundred minimum tax-free personal incomes and confiscation of 
counterfeited goods on physical persons, and in the amount of thirty to 
one hundred and fifty minimum tax-free personal incomes on enterprise 
officials and confiscation of infringing goods.  
 
Regulation 
 
2.  The incidence of the Regulation does not extend to the goods 
containing objects of intellectual property, moved through the 
territory of Ukraine in transit, or imported into/exported from the 
customs territory of Ukraine by natural persons for personal use and 
are not meant for the use in co mmercial purposes, or sent in 
international mail or express deliveries. 
Section 5: Criminal Procedures 
Article 61 
 
Members shall provide for criminal procedures  and penalties to be applied at least in 
cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. 
 Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity.  In appropriate cases, remedies available shall also include the 
seizure, forfeiture and destruction of the infringing goods and of any materials and 
implements the predominant use of which has been in the commission of the offence. 
Members may provide for criminal procedures and penalties to be applied in other 
cases of infringement of intellectual property rights, in particular where they are 
committed wilfully and on a commercial scale. 
 The Criminal Code of Ukraine  
Article 176. Violation of Copyright and Related Rights 
 
1.  Illegal reproduction and distribut ion of works of science, literature, 
art, software and databases, as well as illegal reproduction and distribution of performances, phonograms, videograms and broadcast programs, their illegal copying and distribution of audio- and videocassettes, floppy discs, other media of information, as well as other deliberate violation of copyright and related rights in case 
these actions caused material damage in considerable size shall be 
punished by penalty in amount of 200 to 1,000 of minimum 
personal tax-free incomes or correctional works for the term of up 
to two years or custodial coercion for the same term together with 
confiscation of all specimens of works, material media of software, 
databases, performances, phonograms, videograms, broadcast 
programs, as well as equipment and materials, used for their 
production. 
2.  The same actions, if they are committed a second time, on prior plot 
of group of people or caused material damage in particularly big 
amount shall be punished by penalty in amount from 1,000 to 2,000 
of minimum personal tax-free incomes, correctional works for the term of up to two years or custodial coercion for the term from two to five years together with confiscation of all specimens of works, 
material media of software, databases, performances, phonograms, 
broadcast programs, as well as equipment and materials, used for 
their production. 
3.  Actions, envisaged by parts 1 or 2 of this Article, committed by an 
official using his position with respect to subordinate shall be 
punished by penalty in amount from 500 to 1,000 of minimum 
personal tax-free incomes, arrest for the term of up to six months or  
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custodial coercion for the term of up to two years and deprivation of 
the right to occupy certain positions or be involved in certain 
activities for the term of up to 3 years. 
 
Article 177. Violation of Rights to Invention, Utility Model, Industrial 
Design, Original Layout Design, Variety of Plants, Innovation 
 
1.  Illegal use of invention, utility model, industrial design, original 
layout design, variety of plants, innovation, appropriation of 
copyright to them or other deliberate violation of right to these 
objects, if such actions caused material damage in particularly big 
amount shall be punished by penalty in amount from 200 to 1,000 
of minimum personal tax-free incomes, correctional works for the 
term of up to two years or custodial coercion for the same term 
together with confiscation of the corresponding products, tools and materials used for their manufacturing. 
2.  The same actions, if committed a second time, on prior plot of 
group of people or caused material damage in particularly big 
amount shall be punished by penalty in amount from 1,000 to 2,000 
of minimum personal tax-free incomes, correctional works for the 
term of up to two years or custodial coercion from two to five  years 
together with confiscation of the corresponding products, tools and 
materials used for their manufacturing. 
3.  Actions, envisaged by parts 1 or 2 of this Article, committed by an 
official using his position with respect to subordinate shall be punished by penalty in amount from 500 to 1,000 of minimum personal tax-free incomes, arrest for the term of up to six months or 
custodial coercion for the term of up to two years and deprivation of 
the right to occupy certain positions or be involved in certain activities for the term of up to 3 years. 
 
The Law of Ukraine "On Copyright and Related Rights" 
Article 51. The Procedure for Protecting Copyright and Related Rights  
 
The protection of personal non-prop rietary and proprietary rights of 
subjects of copyright and (or) related rights shall be effected in 
compliance with the procedure established by the administrative, civil and 
criminal legislation.   
The Code of Criminal Procedure of Ukraine  
 
Item 2 Article 81 deals with the issue of material evidence, which may be works illegally reproduced or distributed, and which are subject to  
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withdrawal from circulation, transfer to relevant institutions, or 
destruction. 
 
Article 81. Settlement of th e Issue of Material Evidence 
 
The issue of material ev idence shall be settled thro ugh a verdict, approval 
or judgment of the court, or a resolution of an investigation body, 
investigator, prosecutor on closing the case, whereby:  
 (1)   instrument of crime belonging to the defendant shall be 
confiscated;  
 (2)   items withdraws from circulation shall be transferred to 
relevant institution, or shall be destructed; 
 (3)   items that have no value, and may not be used shall be 
destructed, and in cases interested persons so request, may be transferred to them; 
 (4)   money, valuables and other articles obtained in a criminal way 
shall be transferred in favour of the state; 
 (5)   money, valuables and other articles that were the object of 
criminal actions shall be returned to their lawful owners, and 
these are not identified – shall be transferred in favour of the 
state. 
PART V - ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS AND RELATED INTER-PARTES PROCEDURES 
Article 62 
 
1.  Members may require, as a condition of the acquisition or maintenance of the 
intellectual property rights provided for under Sections 2 through 6 of Part II, 
compliance with reasonable procedures and formalities.  Such procedures and 
formalities shall be consistent with the provisions of this Agreement. The Law of Ukraine "On Protection of Rights to Industrial Designs"; the 
Law of Ukraine "On Protection of Rights to Trademarks for Goods and 
Services"; the Law of Ukraine "On Protection of Rights to Integrated 
Circuit Designs"; the Law of Ukra ine "On Protection of Rights to 
Indication of Origin of Goods"; the Law of Ukraine "On Copyright and 
Related Rights"  
+ 
2.  Where the acquisition of an intellectua l property right is subject to the right 
being granted or registered, Members shal l ensure that the procedures for grant 
or registration, subject to compliance with the subs tantive conditions for 
acquisition of the right, permit the granti ng or registration of the right within a 
reasonable period of time so as to avoid unwarranted curtailment of the period of 
protection. The Law of Ukraine "On Protection of Rights to Industrial Designs"; the 
Law of Ukraine "On Protection of Rights to Trademarks for Goods and 
Services"; the Law of Ukraine "On Protection of Rights to Integrated 
Circuit Designs"; the Law of Ukra ine "On Protection of Rights to 
Indication of Origin of Goods"; the Law of Ukraine "On Copyright and 
Related Rights"  
+ 
3.  Article 4 of the Paris Convention (1967) shall apply mutatis mutandis to service 
marks The Law of Ukraine "On Protection of Rights to Trademarks for Goods 
and Services" (Art .9) + 
4.  Procedures concerning the acquisition or maintenance of intellectual property 
rights and, where a Member's law provides for such procedures, administrative 
revocation and inter partes procedures such as opposition, revocation and 
cancellation, shall be governed by the general principles set out in paragraphs 2 
and 3 of Article 41. The Code of Civil Procedure of Ukraine 
Article 2. Tasks of Civil Litigation 
 
The tasks of civil litigation are protection of rights and lawful interests of 
natural persons, legal entities, the State through comprehensive consideration and settlement of civil cases in full compliance with the effective law.  
 
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Article 6  
 
In civil cases justice shall be administered exclusively by the court based 
on the principles of equality before the law and the court of all the citizens regardless of their origin, social and pr operty, or racial and national status, 
sex, language, attitude to religion , type and nature of occupation, 
residence or any other circumstances.  
Article 63. Types of Litigation Co sts and the Size of the State Tax 
 
Litigation costs include the state tax and costs associated with 
consideration of the case. 
 
The costs associated with consideration of the case include: 
 
 (1)   sums subject to payment to witnesses and/or experts; 
 (2)   costs associated with field examination; 
 (3)   cost of search of defendant. 
 
The size of the state tax and exemption from its payment shall be established by the Ukrainian legislation on the state tax.  
A court or a judge, depending on a property state of a citizen shall have 
the right to relieve him/her from payment of litigation costs in favour of 
the state. 
 
Article 68. Delaying and Deferring Payment of Litigation Costs 
 
A court or a judge, taking into account a property state of citizens, may by 
means of a judgment delay or defer the payment of litigation costs for the term not exceeding the completion of a case consideration, but no more than for three months from the day of lodging a suit. 
Should the costs of litigation not be paid at the established date, their 
collection shall be conducted according to a writ of execution. A court or a judge may decrease the size of litigation costs charged in favour of the state. 
 
Article 75. Distribution of Litigation Costs among the Parties 
 
 The court awards the party in whose favour the court ruling is made all 
litigation costs to be paid by the ot her party, even if the latter was 
originally exempt from court costs, in favour of the state. If the action is 
settled in part, litigation costs shall be awarded to the claimant in 
proportion to the amount of claims settled by the court, and to the  
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respondent in proportion to the part of claims refused to the claimant. 
 
Each party shall be charged for litigation costs incurred by the court in 
proportion to the part of the claim in which the court ruled against the 
party in question. All charges shall be collected by the state. 
 
In the event a party in whose favour a judgment is made is exempt from 
litigation costs, such costs shall be charged to another party in favour of the state. 
 
In the event of a rejection of an action brought by a claimant exempt from 
litigation costs, the latter shall be paid at the expense of the state. 
 
If a higher instance court, without returning the case for a new trial, 
changes or makes a new ruling, it shall re-distribute the litigation costs respectively. In the event of a reversal of the ruling, case closure or dismissal, the court which repealed the ruling shall settle the issue of 
repaying litigation costs associated with the submission of a suit. 
 
Should the case be closed due to the claimant's rejection of the claim, 
costs shall be collected by a court judgment. 
 
Article 146. The Term of Case Preparation 
 
Preparation of a case to consideration shall be completed within seven days, and in the event of complicated cases such term may be extended to 20 days from the day the application is accepted. 
  
Article 148. The Term of Case Consideration 
 
Upon completion of preparation of the case for civil proceedings, cases 
shall be considered within the following terms: 
 
 (1)   labour cases – within seven days; 
 (2)   cases on collection of alimony and compensation for the 
damage caused by mutilation or other injury, as well as the 
loss of a bread-winner – within ten days;  
 (3)   other cases – within fifteen days.. 
 
The Code of Economic Procedure of Ukraine 
Article 1. The Right to Ap ply to the Economic Court 
 
Enterprises,  institutions, organizations , other  legal  entities (including  
foreign  legal  entities), citizens  enga ged  in  business without  the legal  
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entity status but with that of the business entity, lawfully acquired 
(hereinafter collectively referred to as enterprises and  organizations),  
shall have the right to apply  to  the  economic court,  in keeping with set 
jurisdiction of economic cases [disputes], in order to defend their 
transgressed or challenged rights and legally protected interests, as well as 
to take actions provided by this Code aimed at prevention of law 
violations. 
 Government  and  other bodies, and citizens other  than  business entities 
shall have the right to apply to the economic court in  cases stipulated by 
legislative acts of Ukraine. 
 
Any agreements waiving the right to apply to the economic  court shall be 
legally invalid. 
 
Article 4. Law Used in Handling Economic Disputes 
 
The  economic court shall handle economic disputes in  compliance with 
the Constitution of Ukraine, Law of Ukraine On the Arbitration  Court, 
this Code, other legislative  acts  of Ukraine,  and  international treaties 
whose  binding  force  has  been agreed to by the Supreme Council of 
Ukraine. 
 
The economic court shall not apply acts of government and  other bodies 
that contradict the laws of Ukraine.  If  an  international treaty confirmed by the Supreme Council  of Ukraine 
contains rules other than those set forth in [any of] the laws of  Ukraine,  
the  rules  of  this  international  treaty  shall  apply.  The economic court shall apply foreign legislation in cases stipulated by 
the law or by an international treaty. 
 
In the absence of laws regulating the given dispute involving a foreign 
business, the economic court may apply international trade customs. 
 
Judicial proceedings shall not be denied for reasons of incompleteness, ambiguity, controversy or absence of relevant legislation. 
 
Article 4-2. Equality before the Law and the Court 
 
Justice in the economic courts shall be executed based on law and court 
equality of all persons involved in the dispute. 
  
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Article 69. Term of Accommodation 
 
A dispute shall be settled by the economic court over a period not 
exceeding two months from the date of receipt of the statement of claim. 
 
A claim for collection of debt under protested bill shall be settled by the 
economic court over a period of not more than one month from the date of 
receipt of the statement of claim.  
As an exception, the 
president of the economic court or his/her deputy   
shall have the right to extend the term of judicial proceedings, but only for 
another month. 
 
If requested by both parties or either of the parties, in co-ordination with 
the other party, a dispute may be settled over a longer period than set forth in Section 1 of this Article. A court ruling shall be passed granting such prolongation of proceedings. 
 
The Civil Code of Ukraine  
Article 15. Right to Protect Civil Rights and Interests  
 
1.  Each person has a right to the protection of its civil rights in case of 
the infringement, disclaimer or contesting thereof. 
2.  Each person has a right to the protection of his/her/its interests not 
contradicting the general foundations of the civil legislation. 
5.  Final administrative decisions in any of the procedures referred to under 
paragraph 4 shall be subject to review by a judicial or quasi-judicial authority.  
However, there shall be no obligation to provide an opportunity for such review 
of decisions in cases of unsuccessful opposition or administrative revocation, 
provided that the grounds for such procedures can be the subject of invalidation procedures. The Code of Civil Procedure of Ukraine 
Article 211 
 
The decision made shall be put in written by the chairman or one of the 
judges if the case was judged collectively. This decision shall be signed up by all the court body members, who take part in making decision. 
 
Article 202 
 
The court's decision shall be legal and well-founded. The court shall 
found its decision only on the evidences, looked into during the court 
session.  
The Code of Economic Procedure of Ukraine 
Article 45. Judicial Decisions 
 
The economic courts shall execute justice by making awards, rulings or 
decrees binding on the whole territory of Ukraine. Awards and decrees of 
the economic courts shall be made in the name of Ukraine.  
  
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Failure to perform the provisions of awards, rulings or decrees passed by 
the economic courts shall claim respon sibility established by this Code 
and other Laws of Ukraine. 
 
All judicial decisions shall be executed in writing. 
 
Article 82. Passing the Award 
 
When trying an economic dispute, the economic court shall pass 
judgement (adjusting or dismissing claims fully or partially) in the form 
of judicial awards. 
 
An award shall be executed in writing and signed by all the participating  
judges. If tried by three judges and if either of the judges disagrees with 
the award, this judge shall be under the obligation  to commit his/her 
dissenting opinion to paper, which document shall be enclosed with the records of the case. 
 
The Law of Ukraine "On Protection of Rights to Industrial Designs"; The 
Law of Ukraine "On Protection of Rights to Trademarks for Goods and 
Services"; The Law of Ukraine "On Protection of Rights to Integrated 
Circuit Designs"; The Law of Ukra ine "On Protection of Rights to 
Indication of Origin of Goods" contain provisions in respect of the 
opportunity of appealing any decision related to acquisition of rights to an 
object of intellectual property in keeping with the law procedure or with the Appelate Chamber.   
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PART V - DISPUTE PREVENTION AND SETTLEMENT 
Article 63.  Transparency 
 
1. Laws and regulations, and final judicial decisions and administrative rulings of 
general application, made effective by a Member pertaining to the subject matter 
of this Agreement (the availability, scope, acquisition, enforcement and 
prevention of the abuse of intellectual property rights) shall be published, or 
where such publication is not practicable made publicly available, in a national language, in such a manner as to enable governments and right holders to become acquainted with them.  Agreements concerning the subject matter of this 
Agreement which are in force between the government or a governmental 
agency of a Member and the government or a governmental agency of another Member shall also be published. THE CONSTITUTION OF UKRAINE 
 Article 57. Every person is given the right to know his rights and 
obligations 
 
Laws and other normative and legal acts, which determine the rights and 
duties of the citizens, shall be made public to the population in an order, 
established by the law. Laws and other normative and legal acts, which determine the rights and 
obligations of citizens, not made public to the population in a legally 
established order, shall be considered invalid.   
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2. Members shall notify the laws and regulations referred to in paragraph 1 to the 
Council for TRIPS in order to assist that Council in its review of the operation of this Agreement.  The Council shall attempt to minimize the burden on Members in carrying out this obligation and may d ecide to waive the obligation to notify 
such laws and regulations di rectly to the Council if co nsultations with WIPO on 
the establishment of a common register containing these laws and regulations are successful.  The Council shall also consider in this connection any action required regarding notifications purs uant to the obligations under this 
Agreement stemming from the provisions of Article 6ter of the Paris Convention 
(1967).   
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3. Each Member shall be prepared to supply, in response to a written request from 
another Member, information of the sort referred to in paragraph 1.  A Member, 
having reason to believe that a specific j udicial decision or administrative ruling 
or bilateral agreement in the area of inte llectual property rights affects its rights 
under this Agreement, may also request in writing to be given access to or be informed in sufficient detail of such specific judicial decisions or administrative 
rulings or bilateral agreements.   
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4. Nothing in paragraphs 1, 2 and 3 shall require Members to disclose confidential 
information, which would impede law enforcement, or otherwise be contrary to 
the public interest or would prejudi ce the legitimate commercial interests of 
particular enterprises, public or private.   
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