RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/102
19 December 2001
(01-6399)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Implementation of the WTO Agreement on
Trade-related Aspects of Intellectual Property Rights (TRIPS)
The Governmental Commission on Ukraine's Accession to the WTO has submitted the
following information with the request that it be  circulated to members of the Working Party.
_______________
TRIPS Agreement Ukraine
General Obligations IP Agreeme nts to which Ukraine adheres
Compliance with Articles 1 through 12 and Article 19
of the Paris Convention for the Protection of IndustrialProperty in respect of Parts II, III, and IV of the
TRIPS Agreement. TRIPS Article 2.Ukraine is a member of the Paris Union from
December 1991.
Under Paris, Article 1(2), industrial property has as itsobject patents, utility models, industrial designs,trademarks, service marks, trade names, indications ofsource or appellations of origin, and the repression ofunfair competition.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 6.2, 6.3, Law "On Protection of Rights toTrademarks for Goods and Services" No. 3689-XII, of15 December 1993, Article 1, 5, Law "On theProtection of Rights to Industrial Designs"
No. 3688-XII, of 15 December 1993, Article 5, Law
"On the Protection of Rights to Plant Varieties"No. 3116-XII, of  21 April 1993, Article 6, Law "OnProtection of Rights to Indications of Origin ofGoods" No. 752-XIV, of 16 June 1999, Article 1, 6
In Paris.  Article 1(3), industrial property applies notonly to industry and commerce proper, but to
agricultural and extractive industries and to all
manufactured or natural products, e.g., wines, grain,tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 6.2, 6.3, Law "On Protection of Rights to
Trademarks for Goods and Services" No. 3689-XII, of15 December 1993, Article 1, 5, Law "On theProtection of Rights to Industrial Designs"No. 3688-XII, of 15 December 1993, Article 5, Law"On the Protection of Rights to Plant Varieties"
No. 3116-XII, of  21 April 1993, Article 6, Law "On
Protection of Rights to Indications of Origin ofGoods" No. 752-XIV, of 16 June 1999, Article 1, 6WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Under Paris, Article 2, nationals of Members are to
enjoy in other Members the advantages that theirrespective laws grant to nationals, and shall have thesame protection and the same legal remedy against
any infringement of their rights if they conform to the
conditions and formalities imposed upon the Member'snationals.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 4, Law "On Protection of Rights toTrademarks for Goods and Services" No. 3689-XII, of
15 December 1993, Article 4, Law "On the Protection
of Rights to Industrial Designs" No. 3688-XII, of15 December 1993, Article 4, Law "On Protection ofRights to Indications of Origin of Goods"No. 752-XIV, of 16 June 1999, Article 5.2
Paris.  Article 3, requires that nationals of non-Member countries domiciles or that have "real and
effective" industrial or commercial establishments in a
Member country be treated as nationals of a Membercountry.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 5, Law "On Protection of Rights to
Trademarks for Goods and Services" No.3689-XII, of15 December 15, 1993, Article 4, Law "On theProtection of Rights to Industrial Designs"No. 3688-XII, of 15 December 1993, Article 4
Under Paris, Article 4.a right of priority is to be givenan applicant for a patent, for registration of a utility
model, an industrial design, or of a trademark who has
filed the equivalent of a regular national filing underthe domestic legislation of a Member country.  Theperiods of priority are to be 12 months for patents andutility models, and 6 months for industrial designs andtrademarks.  The Article discusses the technical details
of granting priority in depth.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 15, Law "On the Protection of Rights to
Industrial Designs" No. 3688-XII, of15 December 1993, Article 13, Law "On Protection ofRights to Trademarks for Goods and Services"No. 3689-XII, of 15 December 1993, Article 9
Article 4 bis states that patents obtained for the same
invention in various members of the Paris Union areindependent of each other.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 11
Article 4 ter requires that inventors have the right to be
named as such in the patent.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 12.6
Under Article 4 quater  restrictions or limitations on the
sale of a patented product or a product produced by apatented process cannot be the grounds for refusing a
patent or invalidating one already issued.  Under
Article 5(A)(1), importation of a patented productmanufactured in a Paris Union country cannot be thebasis of forfeiture of the patent.  Article 5(A)(2) and(3) authorize countries to use compulsory licensing asa means to prevent abuses, such as the failure to work,
but they may not forfeit a patent unless the grant of a
compulsory license would not be sufficient to preventthe abuse.  Proceedings for forfeiture or revocationcannot be institute until two years after the grant of thefirst compulsory license.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 28.2
Article 5(A)(4) prohibits application for a compulsorylicense for failure to work until four years have passed
since tile application was filed or three years from date
of grant and no compulsory license is to be granted ifthe patentee justifies the failure to work.  Licenses areto be non-exclusive, and may not be transferred exceptwith the enterprise or goodwill that exploits thelicense.  Article 5(B) prohibits forfeiture of industrial
designs for failure to work or for importing articles
corresponding to those that are protected.Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687- XII, of 15 December 1993,
Article 30, 31, Law "On Protection of Rights to
Trademarks for Goods and Services" No. 3689-XII, of15 December 1993, Article 17WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Article 5(C) prohibits cancellation of a mark for
unjustified non-use before a reasonable period of timehas passed and permits the proprietor to use differingelements that do not diminish the distinctive character
of a mark without invalidating the registration or
diminishing the protection granted the mark.Concurrent use of the mark by co-proprietors ispermitted so long as the public is not mislead.Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687- XII, of 15 December 1993,
Article 30, 31, Law "On Protection of Rights toTrademarks for Goods and Services" No. 3689-XII, of
15 December 1993, Article 17
Under Article 5(D), protection of patents, registered
trademarks, and industrial designs cannot beconditioned upon indication or mention of such patent,
trademark registration, or industrial design protection.Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687- XII, of 15 December 1993,
Article 30, 31, Law "On Protection of Rights to
Trademarks for Goods and Services" No. 3689-XII, of
15 December 1993, Article 17
Article 5 bis requires that a grace period of at least six
months be provided for the payment of maintenancefees for industrial property, but a surcharge ispermissible.  Countries are authorized to restorepatents that lapsed for non-payment of fees.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 32, Law "On the Protection of Rights toIndustrial Designs" No. 3688-XII, of15 December 1993, Article 11.8, Law "On Protection
of Rights to Trademarks for Goods and Services"
No. 3689-XII, of 15 December 1993, Article 18.2
Article 5 ter prohibits a Paris Member from making
use of patented devices aboard a vessel, aircraft, ofland vehicle temporarily or accidentally in the territoryor the Member.Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687- XII, of 15 December 1993,
Article 31.2
Article 5 quater  requires that process patent owners
have all the rights against an imported productproduced by the patent process that they would have
with respect to products manufactured at home.Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687- XII, of 15 December 1993,
Article 28.2
Article 5 quinquies  requires that Paris Members protect
industrial designs.Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993, Article5
Article 6 makes the conditions for filing andregistration of trademarks subject to domesticlegislation but also makes filing and registrationindependent of those in other countries, including the
country of origin.
Article 6 bis requires parties, ex officio if legally
possible or at the request of an interested party, to
refuse to register or, for a period of at least five years,to cancel the registration of a trademark confusinglysimilar to a well-known mark.  No time limit is placedon a mark used in bad faith.
Article 6 ter requires Members to refuse to register or
to invalidate the registration that includes, without
authorization, armorial bearings, flags, state emblems,
official signs and hallmarks, etc.  An exception isprovided for owners of rights acquired in good faithbefore the Convention entered into force for thatcountry.Law of Ukraine "On Protection of Rights to
Trademarks for Goods and Services" No. 3689-XII,
15 December 1993, Article 6.1
Article 6 quater  makes the assignment of a mark valid
if the portion of the business or goodwill of the
business together with the exclusive right to
manufacture and sell the goods bearing the mark arealso transferred.WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Article 6 quinquies  requires that trademarks duly
registered in a Member be accepted for filing in otherMembers, with certain reservations, and establishesthe conditions under which a trademark may be denied
registration or may be invalidated.Law "On Protection of Rights to Trademarks for
Goods and Services", No. 3689-XII, of15 December 1993, Article 4
Article 6 sexties  states that Paris Members undertake"
to protect service marks without being required toprovide for their registration.Law "On Protection of Rights to Trademarks for
Goods and Services", No. 3689-XII, of15 December 1993, Article 1
Article 6 septies  requires that trademark owners be able
to oppose or request cancellation of a registration oftheir trademarks applied for by their agent orrepresentative without their authorization "unless theagent or representative justifies his action.
Article 7 states that the nature of the goods to which a
trademark is applied may in no case be an obstacle to
the registration of the trademark. (Duplicate languageis in TRIPS Article 15.4.)
Article 7 bis requires that Members permit registration
of collective marks belonging to associations theexistence of which is not contrary to the law of thecountry of origin, even where the association is not
established in the country where protection is being
sought.Law of Ukraine "On Protection of Rights to
Trademarks for Goods and Services" No. 3689-XII,15 December 1993, Article 7.5
Article 8 requires that trade names be protected byMembers without the necessity of registration,whether or not the names are part of a trademark.Regulation On the Firm, approved with Resolution
"On Enactment of the Regulation on the Firm", of22 June 1927, sections 1-14, Law "On ProtectionAgainst Unfair Competition" No. 236/96-VR, of7 July 1996, Article 4
Article 9 requires seizure on importation or exclusionor goods bearing a trademark or trade name without
authorization, unless a country's laws provide for
neither remedy, in which case domestic actions andremedies must be available.Customs Code, Article 74, Civil Procedural Code,
Article 248-1, "Regulation on the Procedure on
Registration and Transfer Across Ukraine’s Customs
Border of Goods Containing the IP Objects", approvedby Resolution of the Cabinet of Ministers No .412, of28 April 2001, Sections 6-14
Article 10 applies the obligation of Article 9 to thedirect or indirect use of false indications of source ofgoods, or false indication of the producer,
manufacturer, or merchant of such goods.Customs Code, Article 74, Civil Procedural Code,
Article 248-1, "Regulation on the Procedure onRegistration and Transfer Across Ukraine’s Customs
Border of Goods Containing the IP Objects", approved
by Resolution of the Cabinet of Ministers No. 412, of28 April 2001, Sections 6-14
Article 10 bis requires Members to provide protection
against unfair competition, including against acts thatcreate confusion of various kinds about the goods oractivities of a competitor, that consist of false
allegations about a competitor, or that are apt to
mislead the public regarding a competitor's goods.Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 July 1996, Articles 1-33
Article 10 ter requires that Members undertake to
assure to foreign nationals effective legal remedies torepress actions referred to in Articles 9, 10 and 10 bis,
and to allow federations and associations representingforeign businesses, on the basis of reciprocity, to take
action in court and before administrative authorities to
repress such acts.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Article 21, Law "On Protection ofRights to Indications of Origin of Goods"No. 752-XIV, of 16 June 1999, Article 24, Law "On
Protection Against Unfair Competition"
No. 236/96-VR, of 7 July 1996, Articles 27-33WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Article 11 requires that temporary protection.
consistent with domestic legislation, be afforded topatentable inventions, utility models, industrialdesigns and trademarks in respect of goods exhibited
at official or officially recognized international
exhibitions held in their territory.Ukraine is not exercising this option.
Article 12 requires Members to establish industrial
property offices for patents. utility models, industrialdesigns and trademarks for the communication to thepublic through publication of a periodic journal of thenames of patent owners with a brief designation of
their inventions, and the reproduction of trademarks.Law "On the Protection of Rights to Inventions and
Utility Models", No.3687-XII, of December 15, 1993,Articles 23
Article 19 authorizes Members to enter into separate
and special industrial property agreements among
themselves, so long as those agreements do notcontravene the provisions of Paris.
National treatment, with exceptions allowed in theParis, Berne and Rome Conventions.  Article 3.Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687- XII, of 15 December 1993,
Article 5, Law "On the Protection of Rights toIndustrial Designs" No. 3688-XII, of
15 December 1993, Article 4, Law "On Protection of
Rights to Trademarks for Goods and Services"No. 3689-XII, of 15 December 1993, Article 4, Law"On Copyright and Related Rights" No. 2627-III, of11 July 2001, Article 6, Law of Ukraine "On
Protection of Rights to Indications of Origin of
Goods" No. 752-XIV 16 June 1999, Article 5, Law"On Protection of Rights to Integrated CircuitsDesign" No. 621/97, of 5 November 1997, Article 3,Civil Procedural Code, Article 423
Most favoured nation treatment, with enumeratedexceptions.  Article 4.Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687- XII, of 15 December 1993,
Article 5, Law "On the Protection of Rights to
Industrial Designs" No. 3688-XII, of
15 December 1993, Article 4, Law "On Protection ofRights to Trademarks for Goods and Services"No. 3689-XII, of 15 December 1993, Article 4, Law"On Copyright and Related Rights" No. 2627-III, of
11 July 2001, Article 6, Law of Ukraine "On
Protection of Rights to Indications of Origin ofGoods" No. 752-XIV 16 June 1999, Article 5, Law"On Protection of Rights to Integrated CircuitsDesign" No. 621/97, of 5 November 1997, Article 3,Civil Procedural Code, Article 423
Copyright and Neighbouring Rights Citation to copyright and related laws
Compliance with Articles I through 21 of the BerneConvention with the exception of Article 6 bis, Article
9.1.
Article 2 defines "literary and artistic works" as "everyproduction in the literary, scientific and artisticdomain whatever may be the mode or form of itsexpression," giving examples. Limitations related to
speeches are provided in Article 2 bis.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 8WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Article 3 requires that protection be provided to the
works of authors who are nationals of Berne Unionmembers and to works of nationals of non-Unioncountries if those works are published in a Union
member simultaneously with publication in the
non-Union country.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 8, 10
Article 4 requires that protection be providedcinematographic works not falling under Article 3 ifthe maker has a headquarters or habitual residence in aUnion member and to works of architecture or artisticworks incorporated into a building or structure in a
Union member.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 8.1
Article 5 requires that authors enjoy the rights required
by Berne and any other rights a country provides
works on a national treatment basis without beingsubject to any formalities.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 6, Article 11.2
Article 7 requires that the term of protection for
copyright be 50 years following the death of theauthor.  Special terms are authorized forcinematographic works, anonymous or pseudonymous
works, photographic works and works of applied art.
Article 8 gives authors of protected works theexclusive right to make or authorize the making oftranslations of the work.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 28
Article 9 requires that authors be given the exclusiveright to authorize reproduction of the work in anymanner or form with only limited exceptions that do
not conflict with the normal exploitation of the work
and do not unreasonably prejudice the legitimateinterests of the author.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Articles 15.3, 15.6, 21-25
Articles 10 and 10 bis define certain authorized "free
uses of works".Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 15.3, 15.6, 21-25, 42
Articles 11, 11 bis, and 11 ter require that authors of
dramatic, dramatico-musical and musical works and
any translation thereof and authors of literary andartistic works, the exclusive right to authorize thepublic performance of their works, including bybroadcast, public recitation and any communication tothe public.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Articles 15.3, 41
Article 12 requires that authors of literary or artistic
works have the exclusive right to authorize
adaptations, arrangements and other alterations of their
works.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 15.3
Article 13 authorizes countries to impose reservationsand conditions on the exclusive right granted authorsof musical works or written works that are recorded.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 15.6, 42, 49.2
Articles 14 requires that authors of literary and artisticworks have the exclusive right to authorize thecinematographic adaptation and reproduction of their
works and the distribution, public performance and
communication to the public of the adaptation orreproduction, without the limitations authorized underArticle 13(1).Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 15.3, 17, 49.2WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Article 14 bis specifies that a cinematographic work is
to be protected as an original work without prejudiceto any work that is adapted or reproduced and theauthor of the cinematographic work is to enjoy the
same rights as the author of any other work.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 8.1, 17, 49.2
Article 14 ter requires "droit de suite" in connection
with subsequent sales works of art and manuscripts.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 27
Article 15 requires that ownership of a work, forpurposes of litigation, be presumed to be that whichappears on the work in the usual manner.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 11
Article 16 requires that infringing copies of a work besubject to seizure whether domestically produced orimported.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 52, Civil Procedural Code,Article 248-1, Draft Customs Code, Article 273,"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution ofthe Cabinet of Ministers No. 412, of 28 April 2001,Sections 6-14
Article 18 requires that copyright protection be appliedto all works which, at the moment Berne becomeseffective, have not fallen into the public domain in the
country of origin through the expiry of the term of
protection.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Final Provisions, sections 8-11
Article 19 authorizes Union members to providegreater protection than that required by theConvention.No corresponding provisions exist in the Ukrainian
legislation
Article 20 authorizes Union members to enter intospecial agreements among themselves to provide moreextensive rights than those provided by Berne.No corresponding provisions exist in the Ukrainian
legislation
Protect computer programs, whether in source orobject code, as literary works under the Berne
Convention.  Protect compilations of data, whether in
machine readable or other fo rm are to be protected as
intellectual creations if they constitute such.  Article10.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 8.1
Provide rental rights at least for computer programsand cinematographic works with certain exceptions.Article 11.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 15.3
Provide a term of protection of 50 years from thedeath of tile author (Berne Article 7.1 and TRIPS
Article 9.1) or, for works the term of which is not
measured by the life of the author, a term of 50 yearsfrom the end of the calendar year of authorizedpublication, or, if not published within 50 years frommaking, 50 years from the end of the calendar year of
making.  Article 12.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 28.2-28.10
Confine limitations and exceptions to exclusive rights
to certain special cases which do not conflict with a
normal exploitation of the work and do notunreasonably prejudice the right holder's legitimateinterests.  Article 13.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Articles 15.6, 21-25WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Provide performers with the right for 50 years from
the date of a performance to prevent unauthorizedfixation of their unfixed performances and ofreproductions of such fixations and to prevent the
unauthorized broadcast by wireless means and
communication to the public of their liveperformances.  Article 14.1 and 5.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Articles 39, 40, 41, 43, 44.5, FinalProvisions 8-11.
Provide phonogram producers with the right for50 years from the date of first authorized fixation toprohibit unauthorized reproduction of theirphonograms, directly or indirectly, and to prohibit
rental of copies of their phonograms once sold or
otherwise distributed.  Article 14.2, .4, and .5.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Articles 39, 40, 41, 43, 44.5, FinalProvisions 8-11.
Providing broadcasting organizations with theexclusive rights for 20 years of fixation, reproductionof fixations, and rebroadcasting by wireless means oftheir  broadcasts and the communication to the publicof broadcasts of their broadcasts or provide to the
owners of the copyright in the material broadcast the
possibility of exercising such rights.  Article 14.3 and5.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Articles 39, 40, 41, 43, 44.5, FinalProvisions 8-11.
Trademarks Citation to appropriate law
Provide trademark or service mark protection for anysign, or combination of signs capable of distinguishingthe goods or services of one undertaking from those of
other undertakings.  Article 15.1Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Articles 1, 5.2, 6.2.
Not deny registration for a mark based solely on thenature of the goods or services to which a trademark isto be applied.  Article 15.4.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Article 6.
Trademarks must be published before or shortly afterregistration to permit opposition or opportunity toapply for cancellation.  Article 15.5.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Articles 12, 15, 19, 21.
Provide trademark owners the exclusive right toprevent unauthorized use identical or similar marks forsimilar goods or services of other parties if confusion
is likely to result.  Article 16.1Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Articles 16.3, 20
Presume confusion where an identical mark is usedwithout authorization on identical goods or services.Article 16.1.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Article 16.3, 20
Provide protection for well know trademarks andservice marks in accordance with Article 6 bis, of the
Paris Convention, even where use is on goods orservices which are not similar to those in respect ofwhich a trademark is registered if the latter use would
imply a connection with the right holder or would be
likely to damage the right holder's interests.  Article16.2 and .3.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Article 6.3
Allow only limited exceptions to the rights conferredby a trademark such as fair use of descriptive terms.Article 17.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Article 6.4
Provide a period of protection for registration of atleast seven years, renewable indefinitely.  Article 18.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of
15 December 1993, Article 5.3WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Allow cancellation for non-use only after a period of
three years of uninterrupted non-use unless validreasons exist for the non-use, including governmentinterference with use.  Article 19.1.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Article 17
No encumbering of the use of a trademark by special
requirements.  Article 20.No requirements prohibited by TRIPS exist in
Ukraine.
May establish conditions for licensing but compulsorylicensing not permitted and owner of registered mark
must be able to assign it with or without transfer ofbusiness.  Article 21.Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of
15 December 1993, Articles 16.4, 16.5
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use ofGeographical indications identifying location where agiven quality, reputation or other characteristic of a
good is attributable to its location.  Article 22.1 and 2.
Refuse to register or invalidate registrations oftrademarks containing geog raphical indications except
in instances in which such marks have been usedcontinuously for at least ten years or in good faith
before 15 April 1994.  Article 22.3Law "On Protection of Rights to Indications of Origin
of Goods" No. 752-XIV, of 16 June 1999, Article 1, 6,17.4, 23, 24, 25.1, Law "On Protection of Rights to
Trademarks for Goods and Services" No. 3689-XII, of
15 December 1993, Article 6.2, 6.3
Protect against use of geog raphical indications even
when literally true but which falsely represent that the
goods originate in another territory.  Article 22.4Law "On Protection of Rights to Indications of Origin
of Goods" No. 752-XIV, of 16 June 1999, Article 8.1.
Protect, with certain exceptions, appellations or origin
for wines and spirits even against use accompanied byexpressions such as 'kind," type," "style," etc.  Article23.1 and 24.Law "On Protection of Rights to Indications of Origin
of Goods" No. 752-XIV, of 16 June 1999, Articles 23,24.  Additional legislation is required.
Refuse or invalidate, with certain exceptionstrademark registrations containing geographical
indications for wines and spirits if they do not
originate in the place named.  Article 23.2 and 24.Law "On Protection of Rights to Indications of Origin
of Goods" No. 752-XIV, of 16 June 1999, Article 14,
Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of15 December 1993, Article 6.3
Industrial Designs Citation to appropriate law
Provide, with certain exceptions, protection for new ororiginal, independently created industrial designs.Article 25.1.Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993, Article6.1
Ensure that requirements for securing protection for
textile designs are not prohibitive of such protection.
Article 25.2.Law "On Copyright and Related Rights" No. 2627-III,
of 11 July 2001, Article 8.1
Protection should last at least ten years. Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993, Article5.5
Patents Citation to appropriate law
Provide patents for any inventions, whether productsor processes, in all fields of technology if they are
new, involve an inventive step and are industrially
applicable.  Exceptions are permitted for plants andanimals, except for microorganisms and non-biological and microbiological processes.  Exemptionsare also permitted for reasons of ordre public andmorality.  Article 27.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 1, 6, 7.1WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Provide patent owners with the right to prevent others
from making, using, offering for sale, selling orimporting a patented product or from using a patentprocess or using, offering for sale, selling or importing
a product produced directly using such process.
Article 28.1.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 28.2, 28.5, 28.6
Give patent owners the right to assign the rights in thepatent, or transfer the rights by succession, or licensethem.  Article 28.2Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 10, 28.6, 28.7
Require applicants to disclose the invention so thatone skilled in the art can carry it out and may requireindication of the best mode and information oncorresponding foreign applications.  Article 29.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 12.7, 12.8
Ensure that any exceptions to exclusive patent rights
do not unreasonably conflict with normal exploitation
of the patent and do not unreasonably prejudice thelegitimate interests of the patent owner, taking thirdparty interests into account.  Article 30.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 31
Compulsory licenses can be issued only whenenumerated conditions are met, including such thingsas notice, remuneration, limitations on use and transfer
of the license, etc.  Article 31.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Articles 30.1-30.3, 30.5, "Procedure for Providing a
Permit by the Cabinet of Ministers of Ukraine for
Using the Invention (Utility Model), Industrial Designor Topology of an Integrated Circuit Design withoutthe Right Holder’s Consent, but with Compensation toHim" approved by the Resolution of the Cabinet ofMinisters No.444, of 6 April 1998, sections 6, 7, 8, 9
Provide an opportunity for judicial review of decisions
to revoke or forfeit a patent.  Article 32.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 35.2
Provide a patent term of at least 20 years from thefiling date.  Article 33.Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687- XII, of 15 December 1993,
Article 6.4
Shift the burden of proof in process patentinfringement actions to the defendant in instances inwhich tile product produced by the process is new orwhere it is substantially likely that the identical
product was made using the process and the patent
owner has been unable through reasonable efforts todetermine the process used.  Article 34.
Integrated-Circuit Layout Designs Citation to appropriate law
Provide protection for original layout designs ofintegrated circuits that are registered or have beencommercially exploited anywhere in the world.
Articles 3, 4, 5, and 7 of the Washington Treaty as
incorporated into TRIPS by Article 35.Law "On Protection of Rights to Integrated Circuits
Design" No. 621/97, of 5 November 1997, Articles 4,5, 3
Make unlawful, except in certain circumstances, thereproduction, importation, sale or other distribution ofa protected layout design or an integrated circuitembodying such design or an article containing such amicrocircuit.  Article 6 of Washington and Article 36
of TRIPS.Law "On Protection of Rights to Integrated Circuits
Design" No. 621/97, of 5 November 1997, Articles 16,21.1
Provide such protection for a term of ten years fromthe films, of an application for registration or fromfirst commercial exploitation.  Article 38.Law "On Protection of Rights to Integrated Circuits
Design" No .621/97, of 5 November 1997, Articles 4.3WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that is
secret (not generally known or readily ascertainable);has commercial value because of its secrecy., and hasbeen subject to reasonable  steps to keep it secret.
Article 39.2.Law of Ukraine "On Information" No. 2657-XII, of
2 October 1992 Article 30.2, 45, 46.2, Criminal Code,231, 232, Civil Code, 440, Law of Ukraine "OnEnterprises in Ukraine" No. 887-XII, of
27 March 1991, Article 30, Law "On Protection
Against Unfair Competition" No. 236/96-VR, of7 July 1996, Articles 16-19
Protect data submitted to obtain marketing approvalfor pharmaceutical or agricultural chemicals utilizing anew chemical entity.  Article 39.3.Resolution of the Cabinet of Ministers of Ukraine "On
the List of Information that is not a CommercialSecret" No. 611, of 9 August 1993 (paragraphs 1-3, nosections), Law "On Protection of Consumers’ Rights"No. 1023, of 12 May 1991, Article 18.1
Enforcement Citation to appropriate law or laws
- General Provisions
Provide for effective action against infringement ofintellectual property rights without creating barriers tolegitimate trade or opportunities for abuse.  Article41.1Constitution, Article 41, 54, Law On Property
No. 697-XII, of 7 February 1991, Article 13.See also: Civil Code of Ukraine, Civil ProceduralCode; the Criminal Code of Ukraine, Code of Ukraine
on Administrative Violations, Code of Ukrainian Laws
on Labor, Customs Code of Ukraine, Law of Ukraine"On Protection of Rights to Industrial Design" of15 December 1993, No. 3688-XII, Law of Ukraine"On Protection of Rights to Trademarks for Goods andServices" of 15 December 1993, No. 3689-XII; Law
of Ukraine "On Protection of Rights to Topologies of
Integrated Circuit Design" of 5 November 1997,No. 621-97, Law of Ukraine "On Protection of Rightsto Varieties of Plants" of 21 April 1993, No. 3116-XII,Law of Ukraine "On Protection of Rights to
Indications of Geographical Origin of Goods" of
16 June 1999, No. 752-XIV, Law of Ukraine "OnProtection of Rights to Inventions and Utility Models"in the reading of 1 June 2000, No. 1771-III, Law ofUkraine "On Amendment of Some Legislative Acts ofUkraine on Intellectual Property Protection" of
28 February 1995, No. 75/95, Law of Ukraine "On
Copyright and Related Rights" of 11 July 2001,No. 2627-III.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated orcostly and do not entail unreasonable time-limits orunwarranted delays.  Article 41.2Civil Procedural Code of Ukraine, Article 6, 423, 424,
Law On Antimonopoly Committee, Article 4, "Rulesof Consideration of Cases on the Violation ofAntimonopoly legislation" Approved by Order of the
Antimonopoly Committee No. 5, of 19 April 1994 (as
amended by Order of the Antimonopoly CommitteeNo. 169-r, of 29 June 1998), Section 2, Decree "Onthe State Duty", No. 7/93, of 21 January 1993, Article3, Commercial Procedural Code, Article 69WT/ACC/UKR/102
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Provide decisions on the merits based upon the
evidence presented in the case to the parties,preferably in writing with the reasons explained.Article 41.3.The Civil  Procedural Code of Ukraine, Article 211,
202, Commercial Procedural Code, Article 82.3, Law"On the Protection of Rights to Trademarks andService Marks", Article 15, Law "On the Protection of
Rights to Inventions and Utility Models"
No. 3687-XII, of 15 December 1993, Article 24, Law"On the Protection of Rights to Industrial Designs"No. 3688-XII, of 15 December 1993, Article 19, Law"On Protection of Rights to Indications of Origin ofGoods" No. 752-XIV, of 16 June 1999, Article 13,
Law "On the Protection Against Unfair Competition"
No. 236/96, of 7 June 1996 б Article 32, Criminal
Procedural Code, Article 347, Article 236.1
Provide for appeals to judicial bodies of finaladministrative decisions and of at least the legalaspects of initial judicial decisions on the merits of acase.  Article 41.4.The Civil  Procedural Code of Ukraine, Article 211,
202, Commercial Procedural Code, Article 82.3, Law"On the Protection of Rights to Trademarks andService Marks", Article 15, Law "On the Protection of
Rights to Inventions and Utility Models"
No. 3687-XII, of 15 December 1993, Article 24, Law"On the Protection of Rights to Industrial Designs"No.3688-XII, of December 15, 1993, Article 19, Law"On Protection of Rights to Indications of Origin ofGoods" No.752-XIV, of June 16, 1999, Article 13,
Law "On the Protection Against Unfair Competition"
No. 236/96, of 7 June 1996 Article 32, CriminalProcedural Code, Article 347, Article 236.1
Civil and Administrative Procedures and Remedies
Provide a procedure that allows plaintiffs to bring anaction for infringement; requires that defendants be
notified; permits both side to present evidence in
support of their position; and protects confidentialinformation.  Article 42Criminal Procedural Code, Article 4, 10, 99, 110, 137,
138, Law "On Information", Article 30.2, Law "On
Unfair Competition", No. 236/96, of 7 June 1996,
Articles 16-19
Authorize judges to order production of evidencenecessary to substantiate a party's claims where thatparty has been unable to obtain such evidence from the
opposing party.  Article 43. 1.Civil Procedural Code, Article 35, 36, 38, 47, 48, 53,
202, 203, Commercial Procedural Code, Article 38.1
Authorize judges to enjoin a defendant, except the
government, from infringing intellectual property
rights.  Article 44. 1.Civil Procedural Code, 149, 151, 152, Commercial
Procedural Code, Article 67, Law of Ukraine "On
Copyright and Related Rights", No.2627-III, of July11, 2001, Article 52.2, Law "On the Protection ofRights to Industrial Designs" No.3688-XII, ofDecember 15, 1993, Article 26, Law "On theProtection of Rights to Trademark and Service Marks"
No.3689-XII, of December 15, 1993, Article 20, Law
"On the Protection Against Unfair Competition",No. 236/96, of 7 June 1996, Article 29WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Authorize judges to order the payment of monetary
damages adequate to compensate for the injury doneby the infringement.  Article 45.1Civil Code, Articles 440, 203, 453, 440-1, Law "On
the Protection of Rights to Inventions and UtilityModels" No. 3687-XII, of 15 December 1993, Article34.2, Law of Ukraine "On Copyright and Related
Rights", No. 2627-III, of 11 July 2001, Article 52.1-
52.4, Law "On the Protection of Rights to IndustrialDesigns" No. 3688-XII, of 15 December 1993, Article26.2, 20.2, Law "On Protection of Rights toIndications of Origin of Goods" No. 752-XIV, of16 June 1999, Article 17.4, Law "On Protection of
Rights to Integrated Circuits Design" No. 621/97, of
5 November 1997, Article 21
Authorize judges to order infringer to pay rightholders enforcement costs and recovery of profitsand/or statutory damages.  Article 45.2.Civil Procedural Code, Articles 73, 76,75.
Authorize additional remedies including seizure of
infringing goods, and the materials and implementsthe predominant use of which is infringement.  Article
46.Law of Ukraine "On Copyright and Related Rights",
No. 2627-III, of 11 July 2001, Article 50, Law "OnProtection of Rights to Trademarks for Goods and
Services" No. 3689-XII, of 15 December 1993, Article
21, Law "On Protection Against Unfair Competition"No. 236/96-VR, of 7 July 1996, Article 30, Law "Onthe Protection of Rights to Industrial Designs"No. 3688-XII, of 15 December 1993, Article 26, Law"On the Protection of Rights to Inventions and Utility
Models" No. 3687-XII, of 15 December 1993, Article
35, Law "On Protection of Rights to Indications ofOrigin of Goods" No. 752-XIV, of 16 June 1999,Article 24, Resolution of the Cabinet of MinistersNo. 1340, of  25 August 1998 "On the Procedure ofAccounting, Storage, Evaluation of Confiscated and
Other Property that Passes into Ownership of the State
and Its Management", sections 12-16
Authorize indemnification of defendant, includingattorneys' fees in the event of abuse by plaintiffs.Article 48.1.Civil Procedural Code, Articles 76, 158, Civil Code
71, 73, 75, Law "On Protection Against UnfairCompetition" No. 236/96-VR, of 7 July 1996, Article32
Exempt public authorities and officials from liabilityin connection with the administration of intellectual
property laws only where the actions are taken or
intended in good faith within the scope of tile relevantauthority.  Article 48.2.Civil Procedural Code, Articles 248-1, 442, 443, Law
of Ukraine "On Anti-Corruption Regulation"
No. 356/95, of 5 October 1995, Articles 1-17, Law
"On Civil Service" No. 3723-XII, of14 December 1993, Article 14, Criminal Code, Article364-368
Ensure that administrative remedies conform to theprinciples in the preceding Articles.  Article 49.Rules Of Considering Cases Involving Violations of
Antimonopoly Laws of Ukraine, approved By OrderNo. 5 of the Antimonopoly Committee of Ukraine of
19 April 1994 (as revised by Order No. 169-p of the
Antimonopoly Committee of Ukraine of29 June 1998)
- Provisional Measures
Authorize judges to grant temporary restraining ordersand provisional relief to prevent infringement and topreserve evidence.  Article 50.1.Civil Procedural Code, Articles 218, 34, 35, 37, 151,
152, Commercial Procedural Code, Article 67
Authorize judges to require the complaining party toindemnify the defending party against harm if the
decision on the merits finds the provisional relief
unjustified.  Article 50.3.Civil Procedural Code, Articles 152, 218, 34, 35, 37,
151, 217, Commercial Procedural Code, Article 67WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Provide for notice, for formal action by the plaintiff
after temporary restraining orders, etc.  Article 50.4.Civil Procedural Code, Articles 152, 218, 34, 35, 37,
151, 217, Commercial Procedural Code, Article 67
- Border Measures
Provide for suspension of release by customsauthorities of goods suspected of bearing a counterfeit
trademark or of being a pi ratical copyrighted work,
either at the request of a right holder.  Members areauthorized to extend such protection to holders ofother forms of intellectual property, Article 51Customs Code, Article 74, "Regulation on the
Procedure on Registration and Transfer Across
Ukraine’s Customs Border of Goods Containing the IP
Objects", approved by Resolution of the Cabinet ofMinisters No. 412, of 28 April 2001, Section 14, DraftCustoms Code, Articles 1, 273.6, 274, 411.
Require right holders initiating border measures toprovide evidence of a prima facie infringement and adescription of tile goods sufficient for customs
authorities to recognize them.  The right holder must
be notified within a reasonable time is action will betaken on his behalf.  Article 52"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution of
the Cabinet of Ministers No. 412, of 28 April 2001,
Sections 6-14, Draft Customs Code, Article 273.6
Authorize authorities to require the right holderrequesting border measures to post a bond sufficient toprotect the defendant and to prevent abuse.  Article 53"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No. 412, of 28 April 2001,
Sections 6, 15, 22, 24, Draft Customs Code, Article
274.
Requires prompt notification of the right holder andthe importer when action under Article 51 is taken.Article 54"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No. 412, of 28 April 2001,Sections 17, 18, 19, Draft Customs Code, Article 274
Requires that customs authorities be notified within amaximum of 20 days of the receipt of notice that
proceedings on the merits have begun or the
suspension is to be revoked.  Article 55"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution of
the Cabinet of Ministers No. 412, of 28 April 2001,Sections 18, 19, 22, 23, 24, Draft Customs Code,Article 274, Civil  Procedural Code, Articles 248-1,248-2
Authorities must be authorized to require the rightholder to compensate the importer or owner of the
goods subject to border measures if goods were
wrongfully detained or if proceedings leading to adecision on the merits are not begun within tileallotted time.  Article 56."Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution of
the Cabinet of Ministers No. 412, of 28 April 2001,Sections 6, 15, Draft Customs Code, Article 274.
Right holders must be allowed to inspect the detainedgoods in order to substantiate the right holder's claims.Importers must be given similar authority.  Members
may give the right holder the names and addresses of
those involved in the importation when infringement isfound to exist.  Article 57."Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution of
the Cabinet of Ministers No. 412, of 28 April 2001,
Sections 6, 21, Draft Customs Code, Article 274.WT/ACC/UKR/102
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TRIPS Agreement Ukraine
Establishes the conditions that must be in place if
customs authorities are authorized to act ex officio,including the ability to ask the right holder forinformation at any time; the requirement to notify the
importer promptly of the suspension; and the
requirement that public officials be liable if they act inbad faith.  Article 58Law of Ukraine No. 356/95, of 5 October 1995 "On
Anti-Corruption Regulation", Articles 1-17,"Regulation on the Procedure on Registration andTransfer Across Ukraine’s Customs Border of Goods
Containing the IP Objects", approved by Resolution of
the Cabinet of Ministers No. 412, of 28 April 2001,Sections 21, 25, 26, Draft Customs Code, Article 274,Customs Code, 519, Law of Ukraine "On Anti-Corruption Regulation" No. 356/95, of5 October 1995, Article 14, Criminal Code, Articles
364-368
Competent authorities must be able to order
destruction or disposal other than by re-export ofinfringing goods where appropriate.  Article 59Law "On Copyright and Related Rights" No.2627-III,
of 11 July 2001, Article 52.4, Draft Customs Code,Article 274.7, Resolution of the Cabinet of MinistersNo. 1340, of  25 August 1998 "On the Procedure ofAccounting, Storage, Evaluation of Confiscated andOther Property that Passes into Ownership of the State
and Its Management", sections 12-16
Members are authorized to except from border
measures small quantities of infringing goods of anon-commercial nature carried in personal luggage orshipped in small consignments.  Article 60"Regulation on the Procedure on Registration and
Transfer Across Ukraine’s Customs Border of GoodsContaining the IP Objects", approved by Resolution ofthe Cabinet of Ministers No. 412, of 28 April 2001,Section 2.2.
- Criminal Procedures
Provide criminal procedures and penalties, sufficient
to act as a deterrent, for wilful trademark
counterfeiting or copyright piracy on a commercialscale.  Authorizes extension of criminal actions toother forms of intellectual property whereinfringements are wilful and on a commercial scale.Article 61.Criminal Code, Articles 176, 177, 229.
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