WORLD TRADE  
ORGANIZATION  IP/N/6/UKR/1 
11 August 2008 
 
 (08-3804) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:  English 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
Responses from Ukraine  
 
 
Civil and Administrative Procedures and Remedies 
  (a) Civil judicial procedures and remedies  
 
1. Specify the courts which have jurisdiction over IPR infringement cases. 
  
Under the existing legislation of Ukraine, cas es involving violation of intellectual property 
rights are tried by civil, commercial and administrative courts.  
2. Which persons have standing to assert IP Rs? How may they be represented? Are there 
requirements for mandatory personal appearan ces before the court by the right holder? 
 
Persons who have the right to carry out measur es aimed to protect intellectual property rights, 
include, first of all, holders of these rights, thei r representatives, government authorities acting within 
the limits of their competence, as well as non- government bodies and organizations, whose activities 
concern the issue in question. 
 
Under the existing legislation of Ukraine, representation may be carried out on the basis of the 
power of attorney issued by the holder of the rights.  
 Appearance of a right holder in court in case of the presence of his representative under the 
legislation of Ukraine is not mandatory. 
 
3. What authority do the judicial authorities have to order, at the request of an opposing 
party, a party to a proceeding to produ ce evidence that lies within its control? 
 
Under Article 69 of the Code of Admini strative Judicial Proceedings of Ukraine
, a court may 
offer to provide additional evidence, or dema nd to produce additional proof, based on a plea of 
persons taking part in the case, or on one’s own init iative. A person who submits a plea to a court to 
demand other persons to produce written evidence, sh all be required to specify the following: what 
written proof is sought, an agency or person in possession of this proof, as well as circumstances 
which can be verified by this proof. Demands to produce material evidence shall be issued under 
procedures established for dema nds to present written evidence. 
Under Article 137 of the Code of Civil Proceedings of Ukraine , in cases where collection of 
evidence from the parties and other persons taking pa rt in the case is complicated, the court, based on 
the plea of these persons, will be required to de mand submission of such evidence. A statement 
                                                      
1 Document IP/C/5. IP/N/6/UKR/1 
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  demanding a proof is to specify what evidence is  needed, circumstances which make the person 
believe that the evidence is held by the other pers on, circumstances which can be confirmed by this 
evidence. Evidence demanded  by a court shall be directly submitted to the court. A court may also 
authorize a person concerned, who takes part in the case, to obtain evidence and to present it to the 
court. Persons who are unable to submit evidence de manded by the court, in principle or within the 
period set by the court, shall be required to inform  the court about it and specify the reasons within 
five days following the day of receipt of the ruli ng. For failing to notify a court of inability to produce 
evidence, as well as for failing to submit proof, in particular for reasons considered by the court 
unsubstantial, guilty persons  shall be held responsible in accord ance with legislation. Holding the 
guilty persons responsible does not relieve them fro m the duty to submit evidence to the court. Based 
on a request of a party, the court shall inform dur ing the court session that its requirements to produce 
evidence have been met. 
 Under Article 38 of the Commercial procedural Code of Ukraine
, if evidence submitted by the 
parties is insufficient, the commercial court is required to demand enterprises and organizations, 
regardless of their involvement in the case, documen ts and materials which are needed to settle the 
dispute. A commercial court has the right to look at the evidence directly at the place where it is 
located. A commercial court may also  demand evidence prior to the filing of a claim as a preventative 
measure under procedure established by this Code. A party or a prosecutor who initiates a request for 
the commercial court to demand evidence, is require d to specify in detail what proof is required, 
circumstances which lead them to believe that this evidence is held by the enterprise or organization, 
and circumstances which can be confirmed by the evidence in question.  
 A commercial court may authorize a concerned pa rty to obtain such proofs. A person who has 
reasons to believe that the submission of the needed  proof may later become difficult or impossible, as 
well as reasons to believe that his/her rights have b een infringed or that there is a serious threat of 
such an infringement, has the right to address a commercial court with a statement requesting 
application of preventative measures prior to the f iling of the claim. Preventative measures include, in 
particular, demands to produce evid ence (Article 43 of this Code).  
  
4. What means exist to identify and protect confidential information brought forward as 
evidence?  
  
Under Article 505 of the Civil Code of Ukraine
, commercial secret is information that is 
secret in a sense that as a whole or in a particular form and combination of its components it is 
unknown and is not easily accessible for people who nor mally deal with the kind of information to 
which it belongs, and therefore it has a commercial va lue and has been subject to adequate to the 
existing circumstances measures aimed at preserving its secrecy, which were implemented by a person who legitimately controls this information. 
 Under Article 44 of the Commercial Procedural Code of Ukraine
, trial of cases in commercial 
courts is open, except for cases where it would c ontradict requirements concerning protection of the 
State, commercial or bank secrets, or when the parties or one of the parties justifiably demand a confidential trial of the case and have submitted a necessary plea prior to the beginning of the 
consideration of the case in principle. A special de cision must be made granting a close trial, or 
rejecting a request to grant such a trial. 
 
Under Article 12 of the Code of Administ rative Judicial Proceedings of Ukraine
 every person 
has the right to have access, under a procedure establis hed by the legislation, to judicial decisions 
concerning any case tried in an open court session, and provided such decisions have taken effect. 
This right may be limited in accordance with app licable legislation to ensure non-disclosure of 
confidential information concerning a person, State or other secret protected by law. 
  IP/N/6/UKR/1 
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  5. Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use ; 
 
 - injunctions; 
 - damages, including recovery of profits,  and expenses, including attorney's fees; 
 - destruction or other disposal of infringing goods and materials/implements for 
their production; 
 - any other remedies.  
Under Article 432 of the Civil Code of Ukraine
, a court in cases and in accordance with 
procedures established by law, may pass a decision, in particular, concerning:  
 
- application of urgent measures to prevent viol ations of intellectual property rights and to 
preserve necessary evidence;  
 
- termination of passage through the customs border of Ukraine of goods, importation or 
exportation of which is carried out in vi olation of intellectual property rights;  
 
- seizing from the civil circulation of the goods produced or put into civil circulation in 
violation of the intellectual property right, and destruction of such goods;  
 
- seizing from the civil circulation of materials and tools used predominantly for production 
of the goods in violation of the intellectual property right, or seizing and destroying such materials and tools;  
 
- application of a one-time monetary fine instead of a compensation for losses due to 
unlawful use of an object of the intellectual pr operty right. The amount of the fine shall be 
determined in accordance with applicable  legislation and taking into account the 
responsibility of the person and other circumstances of principal significance;  
 
- publication in mass media of the information and data relating to the violation of the 
intellectual property right and the substance of the judicial decision concerning this 
violation.  
 
As regards compensations for da mages and other ways of compensation for material injury, 
under Article 22 of this Code a person who has incu rred damages as a result of a violation of civil 
rights of this person, has the right to compensation for these damages.  
 Damages are:   
- losses incurred by a person in connection with  destruction or damage of an item, as 
well as expenses that the person has incurred or  has to make to restore one's violated 
right (actual losses);  
 - incomes that a person would have receive d under normal circumstances, were the 
rights of this person not violated (lost benefits).  
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  6. In what circumstances, if any, do judici al authorities have the authority to order the 
infringer to inform the right holder of the identity of third persons involved in the 
production and distribution of the goods of services found to be infringing and of their 
channels of distribution? 
 
Under the Law of Ukraine "On the  copyright and related rights"
, in case of violations by any 
person of a copyright and (or) related rights, right  holders have the right to demand that persons 
violating the copyright and (or) related rights of the claimant provide information concerning third 
persons involved in production and distribution of counterfeit copies of the creations and objects of 
related rights, as well as information concerning mean s of bypassing the technical means of protection 
and concerning distribution channels. 
 
Circumstances under which judicial bodies have th e authority to order the offender to inform 
the right holder of the third parties, which are involved in production and distribution of goods or 
services, which are considered counterfeit, and of the channels of their distribution, are not separately 
specified by the legislation of Ukraine regulating judicial procedures. 
 
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.  
To what extent are public authorities and/or officials liable in such a situation and what 
"remedial measures" are applicable to them?    
 
Under Article 1174  of the Civil Code of Ukraine  an injury caused to a natural or legal person 
by unlawful decisions, actions or omissions of an of ficial or a serviceman of a government authority, 
government bodies of the Autonomous Republic of Crim ea or bodies of local self-government in the 
course of duty, shall be remedied by the State, the Autonomous Republic of Crimea or a body of local 
self-government regardless of the guilt of this person.  
 
8. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
 
All procedural issues relating to their duration and costs are specified by applicable 
procedural Codes of Ukraine and other regulatory-legal acts.  
 
 (b) Administrative procedures and remedies  
 9. Reply to the above questions in relation to any administrative procedures on the merits 
and remedies that may result from these procedures. 
 
- Consideration of issues involv ing offences of intellectual property rights (hereinafter 
referred to as IPRs) is the responsibility of the bodies of the Ministry of Internal Affairs, the State 
Security Service, the State Customs Service, ta x bodies, State inspectors for issues of intellectual 
property of the State Department of Intellectual Prope rty of the Ministry of Education and Science of 
Ukraine (hereinafter referred to as the State in spectors), etc. All these government bodies have their 
powers specified by laws within their competence. Prot ection of IPRs is also carried out by courts of 
general jurisdiction and by the commercial courts of Ukraine. 
 - Holders of a copyright and related rights, owne rs of patents and other objects of industrial 
property rights have the right to appeal, in person or  through the authorized individuals and under the 
established procedure, to courts (other bodies) for protection of their rights. 
 
- Law enforcement or controlling bodies within th e limits of one’s competence have the right 
to demand and receive from offenders of IPRs necessary evidence, documents, samples, etc. 
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  - When conducting inspections the law enforc ement and controlling bodies do not have the 
right to use the obtained confidential information for any purposes except those specified by law, in 
particular, to pass the obtained confidential in formation to other persons. These provisions are 
provided for by the legislation of Ukraine. 
 
- The State department  has the right  to apply relevant prohibitive orders and impose on 
business entities financial sanctions in the form of fi nes for violation of requirements of applicable 
legislation. 
  Destruction of counterfeit disks, equipment and raw materials used for production of such 
disks is provided for under the Criminal Code of Ukraine.  
  
Provisional Measures
 
 
 (a) Judicial measures  
 10. Describe the types of provisional measures that judicial authorities may order and the 
legal basis for such authority. 
 
11. In what circumstances may such measures be ordered inaudita altera  parte ? 
 
12. Describe the main procedures for the initia tion, ordering and maintenance in force of 
provisional measures, in particular relevant time-limits and safeguards to protect the 
legitimate interests of the defendant. 
 
 Answers to questions 10 to 12 above:
 
 
 The Code of Civil Proceedings of Ukraine  and Commercial Procedure Code of Ukraine  
contain provisions that concern preventative measure s, which may be implemented prior to the filing 
of a claim based on the court ruling. 
 Thus, provisions of the Code of  Civil Proceedings of Ukraine
 specify grounds for securing of 
a claim. In particular, under Article 151 of this Code , a court, based on a request of the persons taking 
part in the case, may take measures securing a cl aim. An application for measures securing a claim 
must specify:  
 - reasons, in connection with it are necessary to secure a claim;  - type of security of a claim that needs be applied, fully justified;  
- other information needed to secure a claim.  
 Securing a claim is allowed at any stage of  consideration of a case, provided that non-
application of claim security measures may complicate or make impossible to implement a decision of a court.  
 
Based on request by a person concerned, a court may secure a claim prior to the submission of 
a claim application to prevent a violation of the in tellectual property right. A request to secure a claim 
must be accompanied by documents and other eviden ce, which should verify that a particular person 
in question is the subject of the intellectual propert y right in question and that his/her rights may be 
infringed upon in the case of a failure to apply measures aimed to secure a claim. Along with the 
request, its copies must be submitted in accordance with the number of the persons with respect to 
which the measures to secure a claim are requested.  
 IP/N/6/UKR/1 
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  In the event of submission of a request/application to secure a claim prior to the submission of 
a claim application/statement, a claimant is required to submit a relevant claim application within ten 
days following the day of issuance of a ruling to secure the claim.  
 Article 152 of this Code specifies categories of securing a claim and a list of objects to which 
measures to ensure a claim may not be applied. A claim shall be secured:  
 - by levying on the property or monetary assets that belong to the respondent and are in 
possession of the respondent or other persons;  
 
-  by prohibition to carry out certain actions;  
 -  by establishing an obligation to carry out particular actions;   -  by prohibiting other persons to make paym ents or transfer property to the respondent 
or to fulfil other obligations relating to the property in question;  
 -  by terminating the selling of the levied property, if a claim to the ownership right to 
this property or a request to exclude it from the levy was filed;  
  - by terminating the seizing on the basis of  the executive document which is appealed 
by the debtor in court;  
  - by transferring an article which is an object of a dispute for safekeeping to other 
persons.  
 
In the event of necessity the court may apply ot her types of securing a claim. A court may use 
several types of securing a claim at the same time.  
 It shall not be allowed to secure a claim by way of imposing a levy on  wages, pensions or 
stipends, general government mandatory social secur ity benefits, which are paid in connection with 
temporary disability (including care of a sick child), pregnancy and baby delivery, care for a child 
until the child is three years of age, benefits pa id by mutual security associations, by charitable 
organizations, as well as to severance pay or unempl oyment benefits. This requirement does not apply 
to a claim to collect alimony, concerning compen sation for a damage caused by disability, other 
injuries to health or death of a natural pers on, compensation of losses caused by a crime.  
 
Article 153 of this Code sets forth a procedure for consideration of the application requesting 
to secure a claim, implementation of a ruling to secu re a claim. An application requesting to secure a 
claim shall be considered by the court which admini sters the case, on the day of its receipt without 
notifying the respondent and other persons taking part in the case.  
 An application requesting to secure a claim, filed prior to the submission of a claim 
application/statement, shall be considered by the c ourt not later than two days following the day of its 
submission. In the event of substantiated requireme nts of the claimant the application to secure a 
claim, filed prior to the submission of a claim statement, shall be considered only in his presence without notifying a person with respect to whic h measures to secure the claim are requested.  
 
A court, considering an application requesting to  secure a claim, filed prior to the submission 
a claim statement, may demand from the claimant to  submit additional documents and other evidence 
supporting the need to secure a claim.  
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  A court, when allowing for securing a claim, may demand from the claimant to support the 
demands of the latter with a security deposit suffici ent to prevent abuse of securing a claim, which 
must be transferred to a deposit account of the court.  The amount of the security shall be specified by 
the court taking into account the circumstances of the case, but this amount may not be larger than the 
amount of the claim.  
 
A court issues a ruling regarding application of measures to secure a claim, in which it shall 
specify the type of securing the claim and ci rcumstances of the choice, a procedure for 
implementation, amount of the security deposit, if such a deposit was ordered. A copy of the ruling shall be sent to the claimant and interested persons immediately after its implementation.  
 
Depending on the circumstances of the case, a cour t may secure a claim in full or in part.  
 In the event of issuance of a ruling without notifying a person concerning whom measures 
securing a claim are requested, a copy of the ruling sh all be sent to the person with respect to whom 
measures securing a claim were taken, immediately after the implementation.  
 A court, having established that an application requesting to secure a claim was filed in 
violation of requirements of Article 151 of this Code, shall return it to the claimant, issuing a ruling to that effect.  
 
A ruling to secure a claim shall be implemente d immediately in accordance with procedures 
established for implementation of court decisions. In  the event of supporting demands of the claimant 
with a security, the ruling to secu re a claim shall be implemented immediately after the security 
deposit is provided in full.  
 
Appealing of the ruling to secure a claim shall not terminate its implementation, and shall not 
prevent further consideration of the case.  
 Appealing the ruling to cancel securing a claim or  to replace one type of security with another 
will lead to suspension of implementation of this ruling.  
 
Individuals responsible for violation of measures to  secure a claim shall be held responsible in 
accordance with legislation.  
 Article 154 of this Code sets forth a procedure for changing ways of securing a claim or 
cancelling measures to secure a claim. A court may,  based on the request of one of the parties and 
taking into consideration explanati ons of another party, to change one method of securing a claim to 
another. An application requesting a change in the way of securing a claim shall be considered by the 
court within the period specified by Article 153 of th is Code. To change the type of securing a claim 
based on the request of the respondent, consent of th e claimant shall be required, except for the case 
specified in part two of this Article.  
 
In the event a claim is secured to seize moneta ry assets, the respondent may, upon permission 
of the court, deposit the amount specified in the cl aim statement, instead of the allowed type of 
security, to a deposit account of the court.  
 Measures to secure a claim may be repealed  by the court administering the case.  
 
A person with respect to whom measures to secu re a claim were applied without notification 
of this person, within ten days after the day of receipt of the copy of the ruling may submit to the 
court an application requesting their cancellation, wh ich shall be considered by the court within two 
days.  IP/N/6/UKR/1 
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The issue of termination of measures securing a claim shall be considered at a court session 
and with notification of the persons  taking part in the case. Absence of such persons shall not prevent 
consideration of the issue of measures to secure a claim.  
 
If a claim was rejected, proceedi ngs in the case closed or the application left without further 
consideration, the measures applied to secure a clai m shall be effective until the decision of the court 
takes effect. However, the court may simultaneously with passing the court decision or after it, issue a 
ruling concerning revocation of measures securing a claim.  
 
Measures securing a claim, applied by the court prior to the submission of a claim statement, 
shall be also cancelled by the court in the event of:  
 - the claimant failing to submit a relevant claim application in accordance with 
requirements of Article 151 of this Code;  
 
- returning of a claim statement;   - refusal to initiate proceedings in the case.   Article 155 of this Code sets forth a pro cedure for compensation for losses, caused by 
securing a claim, and for returning the item held as security. In the event of revocation of measures 
securing a claim, taking an effect of the decision to  reject a claim or passag e of a ruling to close 
proceedings in the case or to leave the application without consideration, a person with respect to 
whom measures securing a claim were taken, has the right to a compensation for losses caused by the 
securing of the claim.  
 
In the case of the claimant's providing a secu rity, the compensation for losses caused by the 
securing of the claim shall be covered, first of a ll, at the expense of the item provided as security.  
 An item provided as security shall be returned to  the claimant if no claim to compensate for 
losses is filed within two months after occurrence of circumstances specified in part one of this 
Article. An item provided as security shall also be retu rned to the claimant if a decision of a court to 
satisfy a claim took effect, or if the parties have settled the case.  
 The Commercial Procedural Code of Ukraine
 contains the following provisions concerning 
application of preventative measures: 
 
Article 431 - Grounds for application of preventative measures  
 A person who has reasons to be concerned th at submission of necessary evidence may later 
become complicated or impossible, as well as reasons to believe that the rights of this person are infringed upon or that there is a real threat of such infringement, has the right to file with a 
commercial court an application requesting app lication of preventative measures prior to the 
submission of the claim.  
 Article 43
2 - Categories of preventative measures  
 
Preventative measures include:  
 - demands to produce evidence;    IP/N/6/UKR/1 
 Page 9 
 
 
  - examination of premises in which activiti es relating to violation of the rights are 
taking place;  
 - levying on the property that belongs to a person with respect to whom preventative 
measures have been taken, and is in possessi on of that person or of other persons.  
 
Article 43
3 - An application requesting app lication of preventative measures  
 An application requesting application of  preventative measures shall specify:  
 
- the name of the commercial court to wh ich the application has been filed;  
 - the name of the claimant and the person with respect to whom preventative measures 
are requested, their postal addresses; documents  that verify that the claimant has the 
status of the small business person;  
 
- type and substance of the preventative measure;   - circumstances which the claimant refers to when substantiating the need to apply 
preventative measures;  
 
- a list of documents and other proofs attached to the application;  
 - signature of the claimant or his represen tative, if the application is submitted by the 
representative.  
 
An application requesting application of preven tative measures shall have attached to it the 
documents which verify payment of the state duty in the amounts specified by law and in accordance with the established procedure. Toge ther with the application for preventative 
measures there shall be filed the copies of th is application proportionate to the number of 
persons with respect to which pr eventative measures are requested.  
 
A claimant is required to submit a relevant clai m during ten days following the day of issue of 
the ruling concerning application of preventa tive measures. After the submission by the 
claimant of the claim statement, preventativ e measures shall apply as measures to secure the 
claim.  
 
Article 43
4 - Procedure for consideration of an application requesting application of 
preventative measures  
 An application requesting application of preven tative measures shall be considered not later 
than two days following the day its submissi on by the commercial court in the area of 
jurisdiction of which necessary proceedings shall be carried out, with notification of 
interested persons. However, failure to appear in court does not prevent consideration of the 
application.  
 In the event of substantiated demands of a clai mant, an application requesting application of 
preventative measures shall be considered only on the basis of his/her participation without 
notifying a person with respect to which appli cation of preventative measures is requested.  
 A commercial court has the right to demand th e claimant to add to the application any 
available proof of violation or threat of violation of his/her rights.  
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  A commercial court may require a claimant to secu re his claims by the collateral sufficient to 
prevent abuse of preventative measures, which need be deposited with the commercial court. 
The amount of the collateral shall be specified  by the commercial court taking into account 
the circumstances of the case and may not be greater than the size of the claimed damage.  
 
As regards application of preventative measur es, the commercial court shall issue a ruling 
specifying selected preventative measures, gr ounds for choosing such measures, a procedure 
and ways of implementation, amount of the collate ral, if such collateral was ordered. Copies 
of the ruling shall be sent to the claimant and to the person with respect to whom preventative 
measures have been applied, immediately after its issue. In the event of the issue of the ruling 
with participation of the claimant without notifying the person with respect to whom 
application of preventative measures is requested, a copy of the ruling shall be sent to the person with respect to whom preventative measures are taken, immediately after its implementation.  
 
In the event of absence of the grounds specified by Article 43
1 of this Code, as well as a 
failure to meet requirements established by th is Article, the commercial court shall issue a 
ruling denying satisfaction of the application re questing application of preventative measures.  
 Article 43
5 - Effects of submission of a request concerning application of preventative 
measures which does not meet the requirements of the law  
 
A judge, having established that the applicati on requesting preventative measures has been 
submitted in violation of requirements specified in Article 433 of this Code, or that the State 
duty has not been paid, shall issue a ruling to deny the application further consideration, 
which must be notified to the claimant, who is then also given a period of time to eliminate 
deficiencies.  
 When a claimant in ac cordance with instructions of the judge within the established period 
fails to meet all of the specified requirements in Article 43
3 of this Code and fails to pay the 
State duty, the application shall be considered as  if it had not been submitted, and then it shall 
be returned to the claimant, based on the justifie d ruling to that effect issued by the judge.  
 
Article 436 - Implementation of the ruling concerni ng application of preventative measures  
 The ruling concerning application of prev entative measures shall be implemented 
immediately in accordance with procedures established for implementation of judicial 
decisions.  
 In the event of supporting demands of a claima nt by the collateral, the ruling concerning 
application of preventative measures shall be implemented immediately after the collateral is 
submitted in full.  
 
Article 43
7 - Revocation of the ruling concerning application of preventative measures  
 Regarding a ruling concerning application of prev entative measures, issued with participation 
of the claimant without notifying the person with respect to whom preventative measures are applied, the latter, within ten days following th e day of the receipt of a copy of the ruling, 
may submit an application re questing its revocation.  
 Submission of an application concerning revo cation of the ruling concerning application of 
preventative measures shall not lead to te rmination of implementation of the ruling 
concerning application of preventative measures.   IP/N/6/UKR/1 
 Page 11 
 
 
   
An application concerning revocation of a pplication of preventative measures shall be 
considered within three days by the commerc ial court which issued the ruling concerning 
their application. Failure of the interested persons to appear in court shall not prevent 
consideration of the application.  
 
Based on the results of the consideration of an application, the commercial court shall issue a 
ruling to leave unchanged the ruling concerning application of preventative measures, or to change or repeal it.  
 
Article 43
8 - Appealing rulings concerning app lication of preventative measures  
 With respect to the ruling concerning applicati on of preventative measures, a ruling to reject 
an application requesting preventative measures, as well as with respect to the ruling to leave 
unchanged the ruling concerning application of  preventative measures or its change or 
cancellation, an appeal/complaint may be filed.  
 Submission of an appeal against a ruling on application of preventative measures shall not 
lead to termination of implementation of the ruling in question. Submission of an appeal 
complaint against a ruling concerning revocati on of preventative measures or their change 
shall terminate implementation of the ruling in question.  
 
Article 43
9 - Termination of preventative measures  
 Preventative measures shall be te rminated in the event of:  
 
- claimant's failure to submit a relevant claim within the period specified in part three 
of Article 43
3 of this Code;  
 - refusal of the commercial court to accept a claim application for reasons specified in 
part one of Article 62 of this Code;  
 
- claimant's failure to meet the requirements specified by Article 63 of this Code;  
 - issuance by the commercial court of the ruling concerning revocation of the ruling 
concerning application of preventative measures.  
 
Article 43
10 - Compensation for the damage caused by the application of preventative 
measures  
 In the event of termination of preventative m easures or in case of the claimant's withdrawing 
his claim, or if a decision concerning rejection of the claim takes effect, the person concerning whom preventative measures have been taken h as the right to a compensation for the damage 
caused by the application of these measures.  
 In the event of claimant's submitting collatera l, compensation for the damage caused by the 
application of preventative measures, first of all,  shall be carried out at the expense of this 
pledge.  
 
Collaterals shall be returned to a claimant in  full if the commercial court satisfies a claim of 
the claimant, or if the respondent has admitte d the claim, or if the commercial court has 
approved the settlement between the parties.  
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  Besides, this Code contains provisions concerning the securing of a claim (Section Х): 
 Article 66 - Grounds for securing a claim 
 
 A commercial court basing itself on the request of the parties, prosecutor or his deputy, who 
filed a claim, or on its own initiative, may take  measures to secure a cl aim. Securing a claim 
shall be allowed at any stage of proceedi ngs in the case where non-application of such 
measures may complicate or make impossibl e the implementation of a decision of a 
commercial court.  
 
Article 67 - Measures aimed to secure a claim 
 
 A claim shall be secured by:   - levying on the property or monetary assets that belong to the respondent;  
 
- a prohibition for the respondent to carry out particular actions;   - a prohibition to other persons to take steps relating to the subject of the dispute;   - termination of the seizing on the basis of  the executive document or other document 
under which the seizing is to be carried out irrevocably.  
 To secure a claim, a ruling shall be issued.   Article 68 - Repealing security of a claim 
 
 
The issue concerning revocation of the security of  a claim shall be decided by the commercial 
court which considers the case, with this be ing indicated in the decision or ruling.  
 The Code of Administrative Judicial Proceedings of Ukraine
 contains the following 
provisions concerning measures to secure a claim: 
 
Article 117 - Securing the administrative claim  
 A court, basing itself on the request of the claimant or acting on its own initiative, may pass a 
ruling concerning application of measures to secure the administrative claim, if there is an 
imminent threat of damage to the rights, freed om and interests of the claimant prior to the 
approval of a decision in the administrative case, or if protection of these rights, freedom and 
interests will become impossible unless such measu res are applied, or if for restoring such 
rights and freedom extraordinary efforts and co sts will be required, as well as if there are 
obvious signs of unlawfulness of the decision, action or omission of the authority.  
 
A ruling concerning application of measures to secure the administrative claim may be passed 
by a court of first instance, and if appeal pro ceedings have been initiated, such ruling may be 
issued by a court of appeals.  
 Submission of an administrative claim, as well as initiation of proceedings in an 
administrative case shall not terminate applicati on of the disputed decision of the authority. 
However, a court, in order to secure the admini strative claim, may terminate, by issuing an 
applicable ruling, a decision of the authority or particular provisions of that decisions which are being appealed. The ruling shall be immedi ately sent to the authority in question which 
passed that decision and shall be mandatory for implementation.   IP/N/6/UKR/1 
 Page 13 
 
 
   
It shall not be allowed to secure a claim by way of revocation of decisions of the National 
Bank of Ukraine which concern appointments a nd temporary administration or liquidation of 
a bank, prohibition for a temporary administrator to carry particular activities, a prohibition for a bank liquidator or the National Bank of Ukraine when carrying out provisional 
administration or liquidation of a bank.  
 Article 118 - Procedure for securing the administrative claim
 
 A plea requesting to secure the administrative clai m shall be considered not later than on the 
next day after its receipt and in well-gr ounded and urgent cases it shall be acted upon 
immediately by means of a ruling without notifyi ng the respondent and other persons taking 
part in the case.  
 A respondent or other person taking part in the case may file at any time a plea requesting to 
replace one way of securing the administrative clai m by another or requesting cancellation of 
measures taken to secure the administrative claim.  Such a plea shall be considered not later 
than on the next day after its receipt and in  well-grounded and urgent cases it shall be acted 
upon immediately by means of a ruling without notifying the respondent and other persons taking part in the case.  
 
Issues concerning securing administrative claims, changing one method of securing an 
administrative claim with another, other issu es concerning revocation of measures aimed to 
secure administrative claims, excep t for cases established in parts one and two of this Article, 
shall be decided in court session with notifica tion of the persons taking part in the case. 
Failure to attend a court session of the persons who were properly notified, shall not prevent 
consideration of such issues.  
 If demands of the claimant were rejected, the measures applied to secure the administrative 
claim shall stay in effect until the decision of  the court becomes effective. Notwithstanding 
this, a court may, simultaneously with the passag e of the ruling or after such passage, issue a 
ruling concerning revocation of measures to secure the administrative claim or replacing one 
method of securing the administrative claim by another method.  
 Implementation of the rulings concerning issues relating to securing administrative claims 
shall be ensured immediately in accordan ce with procedures established by law for 
implementation of decisions passed by judicial bodies.  
 
A ruling for issues to secure the administration of a claim may be appealed. Appeal of the 
ruling shall not lead to termination of implem entation of the ruling; neither shall it prevent 
further consideration of the case.  
 Preventative measures include examination of  premises in which activities relating to 
violations of the rights take place, and levying on the property that belongs to the person with 
respect to whom preventative measures have been applied. 
 A demand of a claimant concerning application of preventative measures may be secured by 
the collateral the amount of which shall be specified by the court. 
 IP/N/6/UKR/1 
Page 14  
 
  13. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
 
All procedural issues relating to duration and costs are regulated under relevant procedural 
Codes of Ukraine and by other regulatory legal acts.  
 
 (b) Administrative procedures 
 
14. Reply to the above questions in relation to any administrative provisional measures. 
 
The State department  has the right to  apply the following special measures under the Law of 
Ukraine "On particular aspects of government regul ation of activities of business entities relating to 
production, exports and imports of disks for laser-reading systems"  (hereinafter referred to as the 
Law):  
 
 - restrictions, temporary prohibition of activities of business entities in cases where 
such activities do not meet requirements of the Law; 
  - revocation of licenses to produce disks for laser-reading systems, and matrixes in case 
of repeated violation of the terms of licensing provided for by the Law; 
 
 - temporary suspension of the license to  produce disks for laser-reading systems and 
matrixes;  
  - arresting and/or seizing disks for laser-reading systems and matrixes produced in 
violation of the requirements of the Law, as well as of equipment and raw materials, 
which are used for the production of such disks and matrixes and which do not meet 
the requirements of this Law. 
 
Special Requirements Related to Border Measures
 
 
15. Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulati on, in particular whether these procedures 
are available also in respect of goods which involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant 
criteria, any imports excluded from the app lication of such procedures (such as goods 
from another member of a customs union, goods in transit or de minimis imports).  Do 
the procedures apply to imports of goods put on the market in another country by or 
with the consent of the right holder and to goods destined for exportation?  
 
Under Article 256 of the Customs Code  a person who, in accordance with the legislation of 
Ukraine, holds property rights to an object  of intellectual property rights and who has 
reasons to believe that during the movement of the goods across the customs border of 
Ukraine the rights of this person to an object of in tellectual property rights are being violated or may be 
infringed upon, has the right to submit to the sp ecial designated central body of the executive 
government in the area of customs matters an application requesting to facilitate protection the this 
person’s property rights to the object of inte llectual property by way of entering relevant 
information to the customs registry of  objects of intellectual property rights. 
 
The special designated central body of the ex ecutive government in the area of customs 
matters maintains the customs registry of objects of intellectual property rights on the basis of  IP/N/6/UKR/1 
 Page 15 
 
 
  applications of holders of property rights to the objec ts of copyright and related rights, rights to trade 
marks, industrial designs and geographic indications. 
 
Under Article 255 of the Customs Code the customs control and customs clearance of goods 
which include objects of intellectual property rights and are shipped into the customs territory of 
Ukraine or are shipped outside the customs territory of Ukraine, shall be carried out under generally 
applicable rules taking into account particular rules set forth by the Customs Code and by other laws 
of Ukraine. 
 
Measures relating to suspension of customs clear ance in accordance with provisions of the 
Customs Code, shall not be applied by the customs bodies to goods which include objects of 
intellectual property rights, are in transit via the te rritory of Ukraine or are brought into the customs 
territory of Ukraine or brought outside this te rritory by natural persons in cases specified by 
paragraph 1 of part two of Article 250 and by paragraph 1 of part two of Article 252 of the Customs 
Code, for purposes of personal use and are not intended for production or other 
entrepreneurial activities, or are being sent as international or express mail. 
 
It shall not be permitted to move outside th e customs territory in an unmodified form the 
goods of which customs clearance is suspended on the basis of allegations of violations of intellectual 
property rights. 
 
16. Provide a description of the main elements of the procedures relating to the suspension 
of the release of goods by customs authoriti es, in particular the competent authorities 
(Article 51), the requirements for an applic ation (Article 52) and various requirements 
related to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent assurance), 56 (indemnification of the importer and of the owner of the 
goods) and 57 (right of inspection and information) been implemented?   
 
Under Article 256 of the Customs Code a procedur e for registration of objects of intellectual 
property rights in the customs registry, including the form of the application, a list of information and 
documents which must be attached to the application,  for submission and consideration of an application 
and maintaining the registry, shall be specified by the Procedure. 
 
Under paragraph 5 of the Procedure, to include an  object in the customs registry, the holder of 
the right or his representative shall submit to the State Customs Service an application asking to 
facilitate protection of property rights to the obj ect mentioned on the form, in which the following 
information must be specified: 
 
             -    general information about the right holder;   - general information about the representative of the right holder, if this representative 
has filed the application; 
 
 - documents that verify property right s to an object of intellectual property 
rights (hereinafter referred to as the object); 
  - information concerning the object; 
 
 - period of registration;   - available information about the goods that include the object;  
 - available informati on about counterfeit goods. IP/N/6/UKR/1 
Page 16  
 
   
The following shall be attached to the application:   - a certificate from the relevant registry of the Ministry of Education and Science 
concerning registration in Ukraine of the intellectual property right, which verifies 
validity of the registration act at the time of submission of the application (for 
trademarks which have international registration, a certificate from the registry of the International Bureau of Intellectual Property, to which must be attached its translation into the Ukrainian language and information of the Ministry of Education and Science on the treatment in Ukrain e of international registration. For 
objects such as objects of copyright and related rights, the information 
concerning documents that certify the declared rights); 
  - detailed description of an object and goods that contain the object, which would 
enable the customs body to identify the object and goods and to identify their 
code of goods in accordance with the Ukrainian goods and ta riffs clas sification 
(UKTZED); 
  - samples of goods that contain the object, or their photographic pictures; 
  -   a copy of the licensing agreement (certified by a notary) for the use of an object (in 
case of the submission of the application by a person to whom the right to use 
the object  and  authority, acting on behalf of the right holder, to prevent unlawful use of the object, as well as prohibit such a use in accordance with the legislation, were granted). 
 
Under Article 256 of the Customs Code, to fac ilitate protection of inte llectual property rights 
at the time of the customs control of goods that are moved across the customs border of 
Ukraine, information registered in the customs registry about objects of intellectual property right 
shall be communicated to all customs bodies of Ukraine. 
 
After registration in the customs registry of an object of intellectual property right, the 
customs bodies shall take measures to prevent movement across the customs border of 
Ukraine of counterfeit goods that may contain obje cts of copyright and re lated rights, right to 
trade marks, industrial designs a nd geographic indications protected by the legislation of Ukraine on 
the basis of the data contained in this registry.  
 
Under Article 257 of the Customs Code, if a customs body, on the basis of the data from 
the customs registry of objects of intellectual property rights, establishes indications of violation of 
intellectual property rights relating to the goods presented for customs control and customs clearance, 
the customs clearance of such goods shall be susp ended and the goods shall be placed for temporary 
storage at the customs warehouses. 
 
Under part two of Article 257 of the Customs Code, a decision to suspend customs clearance 
of goods for a period of up to fifteen (15) calendar days and in the case of the need to extend this 
period by no more than fifteen (15) calendar days, shall be passed by the head of the customs 
body or a person that is acting in his capacity. 
 
If during the first fifteen (15) calendar days after the receipt of the notice of suspension 
of customs clearance of the goods a person, who, in accordance with the legislation of Ukraine holds 
property rights to the object of  intellectual property rights, does not inform the customs body that 
suspended the customs clearance, in writing of its addressing a court to ensure protection of 
intellectual property rights, or does not address this customs body with a written substantiated request  IP/N/6/UKR/1 
 Page 17 
 
 
  to extend the period of customs clearance, the goods the customs clearance of which has been 
suspended, shall be subject to  customs clearing under the established procedure (part five of 
Article 257). 
 
If during the first fifteen (15) calendar days after the receipt of the notice of  suspension 
of customs clearance of goods a person, who, in accordance with the legislation of Ukraine holds 
property rights to the object of intellectual property rights, informs in writing the customs body 
that suspended the customs clearance, of his ap pealing to the court for the purpose of ensuring 
protection of intellectual property rights, or applies to this customs body with a written substantiated 
request to extend the period of suspension of custom s clearance of the goods, then the suspension of 
customs clearance may be extended by the customs body by no more than fifteen (15) calendar days 
(part six of Article 257).  
 
In the event of suspension of the customs clearance of the goods specified in Article 257, the 
compensation to the customs bodies and owners of temporary storage customs warehouses for the 
expenses related to the storage of these goods, and in  the case specified in part eight of this Article2, 
also the compensation to the person who submitted the declaration and to other persons, for losses 
caused by such suspension, shall be provided at the expense of the person, who, in accordance with the 
legislation of Ukraine, holds property rights to  the object of intellectual property rights. To 
ensure compensation of the specified expenses and losses a person, who, in accordance with the 
legislation of Ukraine, holds property rights to the object of intellectual propert y rights, shall provide to 
the special designate central body of the executive government in the area of customs matters a 
collateral or other equivalent guarantee which is sufficient for purposes of compensation for 
losses of customs bodies, owners of temporary storage cust oms warehouses, the declaration filer, 
consignee or consignor and the owner of the goods. The amount of, and a procedure for providing 
a security, types of security, as well as types of eq uivalent guarantees and a procedure for provision 
of such guarantees shall be set forth by the special designated central executive gove rnment authority 
in the area of customs matters in accord ance with requirements of the Order. 
 
Under part three of Article 257 of the Customs Code, not later than the following working 
day after a passage of a decision on suspension of customs clearance of the goods, the customs 
body shall notify the person who in accordance with the legislation of Ukraine holds property rights 
to the object of intellectual property rights, of the fact of the submission of the goods for customs 
clearance, and the declaration filer of the re asons for suspension of the customs clearance of 
the goods, and shall notify the declaration filer of the name and the address of the person who, in 
accordance with the legislation of Ukraine, holds property rights to the object of intellectual property 
rights. In the notification to the person who in accordance with the legislation of Ukraine holds 
property rights to the object of intellectual property rights, the following must be 
specified: customs clearance of what goods has been suspended, reasons and terms for this 
suspension, name and address of the owner of th e goods, as well as other necessary information. 
 
Under part nine of Article 257 of the Customs Code a person, who, in  accordance with the 
legislation of Ukraine, holds property rights to the object of intellectual property rights, and the 
declaration filer, may, by  permission of the customs body, take samples of the goods with respect to 
which the decision on suspension of the customs clearance was passed, and to submit them for 
examining. Copies of the experts’ findings  shall be provided to the customs body. 
 
                                                      
2 If during the period specified in part two of Article 257, the customs body which suspended the 
customs clearance of the goods does not receive a ruling of a court concerning prohibition to carry our particular 
actions in the case concerning violation of intellectual pr operty rights, then the goods with respect to which a 
decision on suspension of customs clearance was made, shall be subject to  customs clearance under the establish 
procedure. IP/N/6/UKR/1 
Page 18  
 
  17. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of  proceedings and their cost.  How long is the validity of 
decisions by the competent authorities for the suspension of the release of goods into free 
circulation? 
 
Under parts seven, eight and te n of Article 257 of the Customs Code, if during the period 
specified in part two of Article 257, a person, who, in accordance with the legislation of Ukraine holds 
property rights to an object of intellectual prope rty rights, provides to the customs body which 
suspended the customs clearance of the goods, a ruling of a court prohibiting to carry out certain 
actions in the case involving violation of intellectual property rights or other decision on this issues 
passed by the designated State bodies, the customs body shall continue with the suspension of 
the customs clearance of the goods for a period established by these bodies. 
 
If during the period specified in part two of Article 257 to the customs body which 
suspended the customs clearance of goods, no ruling of  a court to prohibit certain actions in the case 
involving violation of intellectual property rights is provided, the goods with respect to which a 
decision on suspension of the customs clearance was passed, shall be subject to customs clearance 
under the established procedure. 
 
If during the period specified in part two of Article 257, violation of  intellectual property 
rights in the course of movement of the goods w ith respect to which a decision on suspension of 
customs clearance was passed, is confirmed by the fi ndings of the expert examination carried out by the 
designated body, then the customs body under the pr ocedure established by the Customs Code shall 
initiate a case involving violation of customs rules, and the goods - the direct objects of the 
offence - shall be seized in accordance w ith procedures establ ished by this Code. 
 
18. Are competent authorities required to act upon their own initiative and, if so, in what 
circumstances?  Are there any special provisions applicable to ex officio  action? 
 
Under parts one - five of Article 257і of the Customs Code, provided  that there are sufficient 
reasons to believe that due to the movement across the customs border of Ukraine of the goods 
concerning which the person has not filed an applic ation requesting facilita tion of protection this 
person’s property rights to an object of intellectual property rights in accordance with of Article 256 of 
the Customs Code, the rights to the objects of the copyright and related rights, the rights to trade 
marks, industrial designs and geographic indications  may be infringed upon, the customs body may, 
acting on it’s own initiative, suspend customs clearance of such goods. 
 
A customs body takes measures concerning  suspension, on its own initiative, of 
customs clearance of goods which include objects of intellectual property rights, only on the 
condition of availability of information about a person who, in accordance with the legislation 
of Ukraine, holds property rights to such objects of intellectual property. 
 
In the event of the movement into the customs territory of Ukraine or movement outside this 
territory of the goods specified in part one of th is Article, the customs body which performs customs 
clearance of such goods shall on the same day send to the person which in accordance with the 
legislation of Ukraine holds property rights to an object of the intellectual property rights, a notice 
specified in part three of Article 257 of the Custom s Code, which may be sent by fax, by e-mail, etc. 
At the same time that person will be  advised to provide, within a th ree-day period after the receipt of 
the notice, the customs body wi th a guarantee concerning compensation for expenses and losses 
related to suspension of customs clearance of the specified goods. 
 
If a person, who, in accordance with the legisl ation of Ukraine holds  property rights to 
an object of intellectual property rights, files, w ithin the period specified by the customs body which  IP/N/6/UKR/1 
 Page 19 
 
 
  sent the notification, a written request to facilitate protection of intellectual property rights and 
provides a guarantee for compensation of expenses and losses in the case of suspension of 
customs clearance of the goods which include objects of intellectual property rights, then the 
customs clearance of such goods shall be suspended fo r a period specified in pa rt two of Article 257 of 
the Customs Code, and the filer of the declaration shall be immediately informed of the reasons for 
suspension, after which measures shall be taken in a ccordance with provisions of  parts five to ten of 
Article 257 of this Code. 
 
If a person, who, in accordance with the legisl ation of Ukraine, holds property rights to 
an object of intellectual property rights, does not provide to the customs body a relevant request and 
does not provide a guarantee of compensation of expenses and losses in c ase of suspension of 
customs clearance of goods which include objects of  the intellectual property rights, then such 
goods shall be subject to customs clear ance under the established procedure. 
 
19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use.   
 
Under part ten of Article 257 of the Customs Code, if during the period specified in part two 
of this Article, violation of intellectual property rights during the movement of the goods with respect 
to which a decision on suspension of customs cl earance was made, was verified by the findings 
of the expert examination carried out by the designated body, then the customs body shall, acting 
under the procedure established by the Customs Code , initiate a case involving violation of customs 
rules, and the goods - direct objects of offence - shall be seized in accordance with procedures 
established by this Code. 
 
The Customs Code does not provide for customs bodies’ activities aimed to destroy counterfeit 
goods. A decision on destruction of counterfeit pr oducts shall be passed by a court and the 
responsibility for implementation of such decisions shall be assigned to the State executive service. 
 
Criminal Procedures  
 
20. Specify the courts which have jurisdiction  over criminal acts of infringement of IPRs. 
 
Criminal cases involving crimes in  the area of intellectual property shall be tried by courts 
of general jurisdiction. Under Article 33 of the Criminal Procedure Code of Ukraine,  a district 
(municipal) court is authorized to try all criminal cases (including cases involving violation of 
intellectual property rights), except cases within the competence of the higher-level courts and military 
courts. 
 
21. In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available? 
  
Responsibility for violation of intellectual property rights is regulated by Article 176 
(Violations of the copyright and related rights), Article 177 (Violations of the rights to invention, 
useful model, industrial design, layout of integral microchip, plant variety, inventive proposal), and 
Article 229 (Unlawful use of a trade mark for goods or  services, company name, qualified indication of 
origin of the goods) of the Criminal Code of Ukraine. 
 
In accordance with notes to Article 176 of th e Criminal Code of Ukraine in Articles 176 
and 177 of this Code material damage shall be co nsidered substantial if its amount exceeds twenty 
and more times the non-taxable minimum personal in come, large - if its amount is two hundred and 
more times the non-taxable minimum personal income, and particularly large - if its size is a 
thousand and more times that of the non-taxable minimum personal income. IP/N/6/UKR/1 
Page 20  
 
   
In the event that the amount of losses is l ess than the amount specified above, a person 
responsible for violation of the copyright and related rights, shall be held administratively 
responsible in accordance with Article 512 «Violations of the right to an object of the intellectual 
property rights» and Article 1649 «Unlawful distribution of copies of audio and visual works, 
phonograms, video recordings, computer programs and databases» of the Code of Ukraine on 
administrative offences. 
 
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they 
required to do this on their own initiative and/or in response to complaints? 
 
Under the Criminal Procedure Code of Uk raine uncovering of crimes in the area of 
intellectual property shall be carried out by bodies of  the ministry of internal affairs, and pre-trial 
investigations of criminal cases of this category may be carried out by internal affairs bodies and 
by bodies of the public prosecution office. 
 
Under provisions of part one of Article 112 of the Criminal Procedure Code of 
Ukraine, in cases involving crimes specified, in particular, in part three of Article 176, part 
three of Article 177 and in part three of Article 229 of the Criminal Code of Ukraine, pre-trial 
investigation shall be carried out by inve stigators of the public prosecution office. 
 
Under part two of Article 112 of the Code of Criminal Procedur e of Ukraine in cases 
involving crimes specified in parts one and two of  Article 176, parts one and two of Article 177 
and parts one and two of Article 229 of the Criminal  Code of Ukraine, pre-trial investigation shall 
be carried out by investigators of bodies of the ministry of internal affairs. 
 
23. Do private persons have standing to in itiate criminal proceedings and, if so, who? 
Holders of intellectual propert y rights may apply to the bodies of the Ministry of Internal 
Affairs with statements and applications concerning violation of their rights. The Criminal Code of 
Ukraine provides that responsibility for committing crimes in the area of intellectual property arises in 
case of causing a holder of the rights a material da mage, which is why a statement of the right holder 
concerning violation of his rights and inflic tion of respective mate rial damage is the 
obligatory precondition for initiation of a criminal case. 
 
As regards initiation of criminal cases it should  be pointed out that in accordance with part 
one of Article 94 of the Code of Criminal Procedure of Ukraine, the grounds for initiation of a 
criminal case, in particular, include: 
 
- a statement or a notice from en terprises, agencies, organizations, officials of the persons, 
representatives of government authorities, general public or individual citizens; 
 
- notifications from representatives of government  authorities, general public or individual 
citizens, who detained a suspected person at  the place of committing a crime or red-handed; 
 
- confession; 
 
- notifications published in the press; 
 
-  direct identification by the body of inves tigation, an investigator, prosecutor or by the 
   court, of the signs of a crime. 
  IP/N/6/UKR/1 
 Page 21 
 
 
  In accordance with part two of this Article, a case may be initiated only in cases where there 
is sufficient data indicating existence of signs of the crime. 
 
24. Specify, by category of IOPR and type of  infringement where necessary, the penalties 
and other remedies that may be imposed: 
  - imprisonment; 
 - monetary fines; 
 - seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production; 
 - other. 
 
Under provisions of the Code of Criminal Proce dure of Ukraine and of the Criminal Code of 
Ukraine, a sentence must be determined by a court. 
 
Thus, in accordance with Article 324 of the Code of Criminal Procedure of Ukraine, when 
deciding on a sentence, a court is to resolve issues concerning the degree of the punishment , which 
must be sentenced to the offender, and whether or not  he is to serve this sentence, what need be done 
to the property levied to secure a civil claim and possible seizure of the property, what need be done 
to material evidence, in particular, with money, va luable and other items acquired in a criminal way. 
 
Article 65 of the Criminal Code of Ukraine provides that a court may deliver a punishment 
within the limits established by the sanctions spec ified in the article of the Specific part of this 
Code, which establishes responsibility for a comm itted crime in accordance with provisions of 
the General part of this Code and taking into account the degree of gravity of the committed crime, 
personality of the individual who committed it and circumstances that alleviate or aggravate the 
punishment. 
 
Under by Article 53 of this Code, the principal types of punishment include 
community service, corrective works, career restrictions for army servicemen, arrest, 
imprisonment, disciplinary regiment for army serv icemen, imprisonment for specified and indefinite 
terms. 
 
Additional punishments include depriving of  military, special title, rank, position or 
qualification class and confiscation of property. 
 
For one crime only one principal punishment may be delivered, as specified in sanction 
articles of the Specific part of this Code. A principal punishment may be accompanied by one or 
several additional punishments in ca ses and in conformity with pro cedures specified by this Code. 
 
Articles 176, 177 and 229 of the Criminal Code of Ukraine set forth the following sanctions: 
 
- a fine in the amount of up to 34,000 UAH; 
 
- corrective work for a period  of up to two years; 
 
- imprisonment for a period from 2 to 5 years; 
 
- confiscation and destruction of all counterfeit and falsified products, as well as equipment 
and materials which were specifically used for production of such products; 
 
- prohibition to hold particular jobs or positions, or carry out particular activities 
for a specified period of time. IP/N/6/UKR/1 
Page 22  
 
   
Article 512 and Article 1649 of the Code of Ukraine on administrative offences 
provide for an imposition of a fine and confisca tion and destruction of respective copies of the 
objects of intellectual property rights. 
 
25. Describe provisions governing the length and any cost of proceedings.  Provide any 
available data on the actual duration of proceedings and their cost, if any. 
 
 The terms for carrying out expert examinations and preliminary trial are set by the Criminal 
procedure Code of Ukraine. 
 
 National legislation of Ukraine does not set a limit for consideration of a case in court and terms of such a consideration depend on specific circumstances of a particular case.   Issues that concern costs of judicial consideration of a case are regulated under 
Articles 91 - 93
і of the Code of Criminal Procedure of Ukra ine. Thus, Article 91 of this Code specifies 
that judicial costs consist of: 
 
 -  amounts that were or have to be provided to witnesses, victims, experts, specialists 
and interpreters; 
  -  amounts spent on storing, shipping and examining material evidence;   -  other costs incurred by the investigativ e bodies, pre-trial inve stigation bodies or a 
court carrying out proceedings in the case in question. 
 
Available data on the actual amount of cases and cost of proceedings during the 
years 2005-2007: 
 
Available data on the actual amount of case s and cost of proceedings during the year 2005  
 
 
The number of cases 
with the decision 
 Сases of the 
civil legal 
proceeding 
 
 Number 
of cases 
which 
were in 
realizati
on Number of 
cases of 
legal 
investigation Total With 
satisfaction 
of a claim 
 Sums, 
imposed as a 
penalty, UAH 
 Amount of 
judgment, 
UAH  
Disputes on 
copyright  219 121 73 44 59829299 7855508 
Disputes on 
invention law  
 33 18 11 6 4605746 - 
  
   IP/N/6/UKR/1
 Page 23Available data on the actual amount of cases an d cost of proceedings during the years 2006 - 2007  
 
The number of cases with 
the decision  Amount of judgment, UAH  Number of 
cases which 
were in 
realization 
 Number of 
cases of legal 
investigation 
Total  With 
satisfaction 
of a claim  Sums, imposed as a 
penalty, UAH 
 
Total including moral 
damage Сases of the civil legal 
proceeding 
 
 
 
2006  
 
2007  
 
2006  
 
2007 2006 2007 2006 2007 2006 2007 2006 2007 2006 2007 
Disputes on intellectual 
property (total),  
of them  
382 
   
373  
234  
207  
121  
131  
66  
72  
211330534  
459136010  
15050793  
344163253  
74700  
385285 
Disputes on copyright 
  
242  
239  
149  
123 
  
77  
80  
39  
42  
193695854  
86813922  
14999609  
15696609  
69700  
32500 
 Disputes on related rights  
7  
6  
5  
5  
2  
4  
2  
4  
-  
-  
  
-  
-  
- 
Disputes on invention right, utility model, industrial design  
75  
76  
43  
42  
19  
22  
7  
12  
11353629  
350934122  
34623  
327331783  
-  
- 
 Disputes on trade marks  
23  
47  
11  
33  
5  
24  
3  
14  
828570  
8116  
11561  
8116  
-  
- IP/N/6/UKR/1 
Page 24 
   
 
 
 
The information concerning court costs, imposed  to collecting by local general courts of 
Ukraine in cases of criminal and civil legal proceedings during 2005 - 2007 
 
 
Kind of judicial costs 
 Amount of judicial costs, UAH 
 
 2005 2006 2007 
Court costs imposed in cases of criminal 
proceedings  10759387 
 16240997 
 
 25236988 
 
 
Court costs imposed in cases of  civil proceedings 
 10775885 57809677 79696463 
Cost of technical & information support 
imposed  in cases of  civil proceedings 
 - 5368403 6723097 
 
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