. /.  WORLD TRADE  
ORGANIZATION  IP/C/W/528 
9 February 2009 
 
 (09-0610) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Questions posed by Switzerland  
 
 
 By means of a communication from the Delega tion of Switzerland, dated 14 January 2009, 
the Secretariat has received a copy of the following questions that it has communicated to Ukraine. 
 
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UKRAINE 
  A. G
ENERAL  
1. Please indicate whether the provisions of the TRIPS Agreement, as far as not implemented by 
national legislation into the Ukrainian legal system, are self-executing in your legal system. 
B. PATENTS  
2. Please explain whether your legislation grants patent protection for inventions relating to 
products and processes in all fields of technology.  Are there any exceptions?  If so, please explain 
these exceptions and how they comply with  Article 27 of the TRIPS Agreement. 
3. Does your legislation, in accordance to Article 27.1 read together with Article 31 of the 
TRIPS Agreement, consider impor tation as “working” a patent and therefore preclude compulsory 
licensing, if a product is being imported? 
4. Does your legislation make the granting of a co mpulsory license subject to all the conditions 
enumerated in Article 31 of the TRIPS Agreement?   Please cite the relevant provisions of law. 
5. Does your legislation provide for the principle of the reversal of burden of proof in a process 
patent litigation?  Please cite the relevant provisions of law. 
C. GEOGRAPHICAL INDICATIONS  
6. Please explain whether in your legislation, a geographical indication and a prior trademark 
can coexist, under certain circumstances and provi ded that such exceptions take account of the 
legitimate interests of the owner of the trademark and of third parties (in accordance with Article 17 
of the TRIPS Agreement as a limited exception to the rights conferred by trademarks).  IP/C/W/528 
Page 2  
 
  D. U
NDISCLOSED INFORMATION  
7. Please explain in detail if your legislation ensur es that undisclosed test or other data submitted 
by an applicant to the responsible State agency in the procedure for market authorization of a 
pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against 
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying 
on, or from referring to the original data of the firs t applicant, when applying subsequently for market 
authorization for his own product.  Does your legislation provide for exceptions to this?  If so, please explain under what conditions would such exceptions  apply?  Does your legislation provide for a 
specific term of protection for such undisclosed test data? 
E. P
ROVISIONAL MEASURES  
8. Provided an application for provisional measure s meets all conditions of Article 151 of the 
Code of Civil Proceedings of Ukraine, does your le gislation provide for any (s ubstantive) restrictions 
for obtaining provisional measures?  If so, what are these restrictions?  Please cite the relevant provisions of law. 
9. Does your legislation provide for special provisional measures – beside those described under 
Article 152 of the Code of Civil Proceedings of Ukraine – specifically targeting the combating of 
counterfeiting and piracy.  Please describe the procedur es that must be followed and cite the relevant 
provisions of law. 
F. E
NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
10. Please indicate the authorities responsible for the application of the measures provided by 
your legislation to combat counterfeiting and piracy. 
11. Please describe the measures provided by your legislation to combat counterfeiting and piracy 
at the border.  Please explain in what customs s ituations the competent authorities are empowered to 
suspend goods at the border su spected of infringing intellectual property rights.  Please explain 
whether the competent authorities are empowered to act ex officio  or only at the request of a right 
holder.  Please cite the relevant provisions of law. 
12. Please describe any new initiatives that are planned to improve the enforcement of intellectual 
property rights in your country, particularly initiativ es to combat counterfeiting and piracy.  Is there a 
particular action plan in place? 
 
 
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