RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/112
10 June 2003
(03-3017)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Implementation by Ukraine of the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The Governmental Commission on Ukraine's Accession to the WTO hereby submits the
attached information on Ukraine's protection of intellectual property rights. This information is
designed to form the basis for the discussion of Ukraine's protection of intellectual property that willtake place in the plurilateral meeting to be scheduled in June 2003.
The information consists of:
- A revised checklist of Ukraine's implementation of TRIPS requirements (ACC/9); and
- A Memorandum on the Protection of Intellectual Property Rights in Ukraine, which
contains Ukraine's replies to the Additional Questions.
Ukraine informs the members of the Working Party that the draft Law of Ukraine "On
Introducing Amendments to Certain Legislative Acts of Ukraine on Matters of Intellectual Property"
No. 1238, of 18 June 2002, was adopted by the Supreme Rada on 22 May 2003. An English
translation of this law will be made available to Members of the Working Party as soon as possible.
_______________WT/ACC/UKR/112
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TRIPS Agreement Ukraine
General Obligations IP Agreement  to which the country adheres
Compliance with Articles 1 through 12 and Article 19
of the Paris Convention for the Protection of Industrial
Property in respect of Parts II, III, and IV of theTRIPS Agreement. TRIPS Article 2.Ukraine is a member of the Paris Union from
December 1991.
Under Paris Convention's Article 1(2), industrial
property has as its object patents, utility models,industrial designs, trademarks for goods and services,trade names, indications of source or appellations of
origin of goods and services, and the repression of
unfair competition.- Civil Code of Ukraine, of 29 November 2001
1;
- Commercial Code of Ukraine, of
29 November 20012;
- Customs Code of Ukraine, of 20 December 20013;
- Draft Law of Ukraine No. 1238, of 18 June 20024;
- Law "On Judiciary of Ukraine" No. 3018-III, of
7 February 2002;
- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 December 1993, Articles 6.2 and 6.3;
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 1, 5;
- Law "On the Protection 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 the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,
Article 1, 6; and
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Articles 1through 3.
In Paris.  Article 1(3), industrial property applies notonly to industry and commerce proper, but toagricultural 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, of15 December 1993, Article 6.2, 6.3;
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 1, 5;
- Law "On the Protection 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; and
- Law "On the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,Article 1, 6.
                                                     
1 Civil Code of Ukraine (Book Four), approved by the Supreme Rada of Ukraine on
29 November 2001, which has not come into force yet.
2 Commercial Code of Ukraine of 29 November 2001, approved by the Supreme Rada on
29 November 2001, which has not come into force yet
3 Customs Code of Ukraine approved by the Supreme Rada on 20 December 2001, which has not come
into force yet
4 Draft Law of Ukraine "On Introducing Amendments to Certain Legislative Acts of Ukraine on
Matters of Intellectual Property" No. 1238, of 18 June 2002, approved by the Supreme Rada of Ukraine in firstreading.WT/ACC/UKR/112
Page 3
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 againstany infringement of their rights if they conform to theconditions and formalities imposed upon the Member's
nationals.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 December 1993, Article 4;
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 4;
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993;
- Law "On the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,Article 5.2; and
- Civil Code of Ukraine, of 29 November 2001.
Paris.  Article 3, requires that nationals of non-
Member countries domiciles or that have "real and
effective" industrial or commercial establishments in aMember 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 the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 4;
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993,
Article 4; and
- Civil Code of Ukraine, of 29 November 2001.
Under Paris, Article 4, a right of priority is to be givenan applicant for a patent, for registration of a utilitymodel, an industrial design, or of a trademark forgoods and services who has filed the equivalent of a
regular national filing under the domestic legislation
of a Member country.  The periods of priority are to be12 months for patents and utility models, and 6months for industrial designs and trademarks forgoods and services.  The Article discusses thetechnical details of granting priority in depth.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 December 1993, Article 15;
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993,
Article 13; and
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 9.
Article 4 bis states that patents obtained for the same
invention in various members of the Paris Union are
independent of each other.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of
15 December 1993, Article 7.
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, of15 December 1993, Article 12.6.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
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 apatent or invalidating one already issued. UnderArticle 5(A)(1), importation of a patented productmanufactured in a Paris Union country cannot be the
basis 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 acompulsory license would not be sufficient to preventthe abuse. Proceedings for forfeiture or revocation
cannot be institute until two years after the grant of the
first compulsory license.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 December 1993, Article 33.1.
Article 5(A)(4) prohibits application for a compulsorylicense for failure to work until four years have passedsince tile application was filed or three years from dateof grant and no compulsory license is to be granted ifthe patentee justifies the failure to work. Licenses are
to be non-exclusive, and may not be transferred except
with the enterprise or goodwill that exploits thelicense. Article 5(B) prohibits forfeiture of industrialdesigns for failure to work or for importing articlescorresponding to those that are protected.- Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687-XII, of15 December 1993, Article 30; and
- Draft Law of Ukraine No. 1238, of 18 June 2002
5.
Article 5(C) prohibits cancellation of a mark for goodsand services for unjustified non-use before a
reasonable period of time has passed and permits the
proprietor to use a mark differing from the registeredmark in just such individual elements that do notdiminish the distinctive character of a mark, do notcause the invalidation of the registration or diminishthe protection granted the mark. Concurrent use of a
mark for goods and services by co-proprietors is
permitted 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 17,
- Draft Law of Ukraine No. 1238, of 18 June 2002
6.
Under Article 5(D), protection of patents, registeredtrademarks for goods and services, and industrialdesigns cannot be conditioned upon any indication onthe product of such patent, utility model, trademarkregistration, or industrial design protection.- Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687-XII, of15 December 1993,
- Law "On Protection of Rights to Trademarks for
Goods and Services" No. 3689-XII, of
15 December 1993,
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993.
                                                     
5 Draft Law of Ukraine "On Introducing Amendments to Certain Legislative Acts of Ukraine on
Matters of Intellectual Property" No. 1238, of 18 June 2002, approved by the Supreme Rada of Ukraine in firstreading.
6 Draft Law of Ukraine "On Introducing Amendments to Certain Legislative Acts of Ukraine on
Matters of Intellectual Property" No. 1238, of 18 June 2002, approved by the Supreme Rada of Ukraine in firstreading.WT/ACC/UKR/112
Page 5
TRIPS Agreement Ukraine
Article 5 bis requires that a grace period of at least six
months be provided for the payment of maintenancefees for industrial property, conditional on payment ofa surcharge. Countries are authorized to restore patentsthat lapsed for non-payment of such fees.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 December 1993, Article 32.2;
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993,Article 24.2; and
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 18.2.
Article 5 ter does not prohibit a Paris Member from
making use of patented devices aboard a vessel,aircraft, of land vehicle temporarily or accidentally inthe territory of the Member.- Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687-XII, of15 December 1993, Article 31.2.
Article 5 quater  requires that process patent owners
have all the rights against an imported product
produced 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, Articles 6.6 and 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;
- Civil Code of Ukraine, of 29 November 2001; and- Commercial Code of Ukraine, of
29 November 2001.
Article 6 makes the conditions for filing and
registration of trademarks for goods and services
subject to domestic legislation but also makes filingand registration independent of those in othercountries, including the country of origin.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of
15 December 1993.
Article 6 bis requires parties, ex officio if legally
possible or at the request of an interested party, torefuse to register or, for a period of at least 5 years, to
cancel the registration of a trademark confusingly
similar to a well-known mark. No time limit is placedon filing request in respect of a mark registered orused in bad faith.- Draft Law of Ukraine No. 1238, of 18 June 2002
Article 6 ter requires Members to refuse to register or
to invalidate the registration of marks for goods andservices that include, without proper authorization,
armorial bearings, flags, state emblems, official signs
and hallmarks, etc. An exception is provided forowners of rights acquired in good faith before theConvention entered into force for that country.- Law of Ukraine "On the 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 for
goods and services valid only if the portion of theindustrial or commercial business or goodwill of thebusiness together with the exclusive right to
manufacture and sell the goods bearing the mark are
also transferred.
Article 6 quinquies  requires that trademarks for goods
and services duly registered in a Member be filed inother Members, with certain reservations, andestablishes the conditions under which a trademark forgoods and services may be denied registration or may
be invalidated.- Law "On the Protection of Rights to Trademarks
for Goods and Services", No. 3689-XII, of15 December 1993, Articles 5 and 6.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Article 6 sexties  states that Paris Members undertake"
to protect service marks without being required toprovide for their registration".- Law "On the Protection of Rights to Trademarks
for Goods and Services", No. 3689-XII, of15 December 1993, Article 1;
- Civil Code of Ukraine, of 29 November 2001;- Commercial Code of Ukraine, of
29 November 2001; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Article 6 septies  requires that trademark owners be able
to oppose or request cancellation of a registration oftheir trademarks for goods and services applied for bytheir agent or representative without theirauthorization unless the agent or representative dulyjustifies his action.- Draft Law of Ukraine No. 1238, of 18 June 2002.
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 language
is in TRIPS Article 15.4.)- Law "On the Protection of Rights to Trademarks
for Goods and Services", No. 3689-XII, of
15 December 1993.
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 notestablished in the country where registration of the
mark is being sought.- Law of Ukraine "On the 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 filing orregistration, whether or not the names are part of atrademark for goods and services.- "Regulation On the Firm", approved by Resolution
"On Enactment of the Regulation on the Firm", of22 June 1927, sections 1-14;
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Article 4;
- Civil Code of Ukraine, of 29 November 2001; and
- Commercial Code of Ukraine, of
29 November 2001.
Article 9 requires seizure of goods being imported orexclusion of goods bearing a trademark for goods andservices or trade name without due authorisation,unless where a country's laws does not provide foreither remedy, in which case available domestic
actions and remedies must be applied.- Customs Code of Ukraine, Article 74;
- Civil Procedural Code of Ukraine, Article 248-1;- "Regulation on the Procedure on Registration and
Transfer Across Ukraine's Customs Border ofGoods Containing the IP Objects", approved by
Resolution of the Cabinet of Ministers No. 412, of
28 April 2001, Sections 6-14;
- Customs Code of Ukraine, of 20 December 2001;
and
- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Article 10 applies the obligation of Article 9 to the
direct or indirect use of false indications of source ofgoods, or false indication of the producer,manufacturer, or merchant of such goods.- Customs Code of Ukraine, Article 74;
- Civil Procedural Code of Ukraine, Article 248-1;- "Regulation on the Procedure on Registration and
Transfer Across Ukraine's Customs Border ofGoods Containing the IP Objects", approved byResolution of the Cabinet of Ministers No. 412, of
28 April 2001, Sections 6-14;
- Customs Code of Ukraine, of 20 December 2001;
and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Article 10 bis requires Members to provide protection
against unfair competition, including against acts thatcreate confusion of various kinds about the goods or
activities of a competitor, that consist of false
allegations about a competitor, or that are apt tomislead the public regarding a competitor's goods.- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Articles 1-33; and
- Code of Ukraine on Administrative Offences
No. 8073-X, of 7 December 1984, Article 164
7.
Article 10 ter requires that Members undertake to
assure to foreign nationals effective legal remedies torepress actions referred to in Articles 9, 10 and 10bis,and to allow federations and associations representing
foreign businesses, on the basis of reciprocity, to take
action in court and before administrative authorities torepress such acts.- Law "On the Protection of
 Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Articles 4.1 and 21;
- Law "On the Protection of Rights 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 June 1996, Articles 27-33;
- Law "On Judiciary of Ukraine" No. 3018-III, of
7 February 2002; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Article 11 requires that temporary protection,
consistent with domestic legislation, be afforded topatentable inventions, utility models, industrialdesigns and trademarks in respect of goods exhibitedat official or officially recognised exhibitions held intheir territory.- Law "On the Protection of Rights
 to Trademarks
for Goods and Services " No. 3689-XII, of
15 December 1993, Article 9; and
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993,
Article 13 .
Article 12 requires Members to establish industrial
property offices for patents, utility models, industrial
designs and trademarks for goods and services for thecommunication to the public through publication of aperiodic journal of the names of patent owners with abrief designation of their inventions, and thereproduction of registered trademarks for goods and
services.- Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687-XII, of
15 December 1993, Article 3;
- Law "On the Protection of Rights to Industrial
Designs" No.  3688-XII, of 15 December 1993,Article 2; and
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of
15 December 1993, Article 2.
Article 19 authorizes Members to enter into separateand special industrial property agreements amongthemselves, so long as those agreements do notcontravene the provisions of Paris Convention.- Law "On International Agreements of Ukraine",
No. 3767-XII, of 22 December 1993.
                                                     
7 Customs Code of Ukraine approved by the Supreme Rada on 20 December 2001, which has not come
into force yetWT/ACC/UKR/112
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TRIPS Agreement Ukraine
National treatment, with exceptions allowed in the
Paris, Berne and Rome Conventions. Article 3.- Law "On the Protection of Rights to Inventions and
Utility Models", No. 3687-XII, of15 December 1993, Article 5;
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993,Article 4;
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 4;
- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 6;
- Law "On the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV 16 June 1999,
Article 5;
- Law "On the Protection of Rights to Topology of
Integrated Circuits" No. 621/97, of5 November 1997, Article 3; and
- 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 the 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, of 11 July 2001, Article 6;
- Law of Ukraine "On the Protection of Rights to
Indications of Origin of Goods" No. 752-XIV
16 June 1999, Article 5;
- Law "On the Protection of Rights to Integrated
Circuits Design" No. 621/97, of 5 November 1997,Article 3; and
- Civil Procedural Code, Article 423.
Copyright and Related Rights Citati on to copyright and related laws
Compliance with Articles I through 21 of the Berne
Convention with the exception of Article 6bis, Article
9.1.
Article 2 defines "literary and artistic works" as "every
production in the literary, scientific and artisticdomain whatever may be the mode or form of itsexpression," giving examples. Limitations related tospeeches are provided in Article 2bis.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 8; and
- Civil Code of Ukraine, of 29 November 2001.
Article 3 requires that protection be provided to theworks of authors who are nationals of Berne Union
members and to works of nationals of non-Union
countries if those works are published in a Unionmember simultaneously with publication in thenon-Union country.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 6.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Article 4 requires that protection be provided to
cinematographic 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 aUnion member.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 3.1.
Article 5 requires that authors enjoy the rights required
by Berne and any other rights a country provides work
on a national treatment basis without being subject toany 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 forcopyright be during the entire lifetime of the authorand 50 years following the death of the author. Specialterms are authorized for cinematographic works, aswell as for anonymous works, photographic works and
works of applied art. Article 8 gives authors of
protected works the exclusive right to make orauthorize the making of translations of the work.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 15,Article 28; and
- Civil Code of Ukraine, of 29 November 2001.
Article 9 requires that authors be given the exclusiveright to authorize reproduction of the work in anymanner or form with only limited exceptions that donot conflict with the normal exploitation of the work
and do not unreasonably prejudice the legitimate
interests of the author.- Law "On Copyright and Related Rights"
No. 2627 III, of 11 July 2001, Articles 15.3, 15.6,and 21-25; and
- Civil Code of Ukraine, of 29 November 2001.
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, and 42; and
- Civil Code of Ukraine, of 29 November 2001.
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 and
artistic works, be given the exclusive right to authorizethe public performance of their works, including bybroadcast, public recitation and any communication tothe general public.- Law "On Copyright and Related Rights"
No. 2627 III, of 11 July 2001, Article 15.3; and
- Civil Code of Ukraine, of 29 November 2001.
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; and
- Civil Code of Ukraine, of 29 November 2001.
Article 13 authorizes countries to impose reservations
and conditions on the exclusive right granted authorsof musical works or written works related to musicalworks.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Articles 42 and 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 and public performance of
works thus adapted, without the limitations authorizedunder Article 13(1).- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Articles 15 and 17.
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, Articles 8.1 and 17;and
- Civil Code of Ukraine, of 29 November 2001.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Article 14 ter requires "droit de suite" in connection
with subsequent sales of works of art and manuscripts.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 27; and
- Civil Code of Ukraine, of 29 November 2001.
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; and
- Civil Code of Ukraine, of 29 November 2001.
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 of Ukraine, Article 248-1,
- "Regulation on the Procedure on Registration and
Transfer Across Ukraine's Customs Border ofGoods Containing the IP Objects", approved byResolution of the Cabinet of Ministers No. 412, of28 April 2001, Sections 6-14; and
- Customs Code of Ukraine, of 20 December 2001.
Article 18 requires that copyright protection be applied
to all works which, at the moment Berne becomes
effective, have not fallen into the public domain in thecountry of origin through the expiry of the term ofcopyright 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.- Law "On International Agreements of Ukraine",
No. 3767-XII, of 22 December 1993.
Article 20 authorizes Union members to enter intospecial agreements among themselves to provide more
extensive rights than those provided by Berne.- Law "On International Agreements of Ukraine",
No. 3767-XII, of 22 December 1993.
Protect computer programs, whether in source orobject code, as literary works under the BerneConvention. Compilations of data, whether in machinereadable or other form, are to be protected asintellectual creations if they constitute such. Article10.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 8.1,Article 18; and
- Civil Code of Ukraine, of 29 November 2001.
Provide, with certain exceptions, rental rights at least
for computer programs and cinematographic works.
Article 11.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 15.3; and
- Civil Code of Ukraine, of 29 November 2001.
Provide a term of protection of fifty years from thedeath of the author (Berne Article 7.1 and TRIPSArticle 9.1) or, for works the term of which is notmeasured by the life of the author, a term of 50 yearsfrom the end of the calendar year of authorized
publication, or, if not published within fifty years from
making, fifty years from the end of the calendar yearof making. Article 12.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 28.2-28.10;and
- Civil Code of Ukraine, of 29 November 2001.
Confine limitations and exceptions to exclusive rightsto certain special cases which do not conflict with anormal exploitation of the work and do notunreasonably prejudice the right holder's legitimate
interests. Article 13.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Articles 15.6, 21-25;and
- Civil Code of Ukraine, of 29 November 2001.
Provide performers with the right for 50 years from
the date of a performance to prevent unauthorized
fixation of their unfixed performances and ofreproductions of such fixations and to prevent theunauthorized broadcast by wireless means orcommunication 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 and 44;
and
- Civil Code of Ukraine, of 29 November 2001.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Provide phonogram producers with the right for 50
years from the date of first authorized fixation toprohibit unauthorized reproduction of theirphonograms, directly or indirectly, and to prohibitrental of copies of their phonograms once sold orotherwise distributed. Article 14.2, .4, and .5.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Articles 40, 44,Final Provisions 8-11; and
- Civil Code of Ukraine, of 29 November 2001.
Providing broadcasting organizations with the
exclusive rights for 20 years of fixation, reproduction
of fixations, as well as re-broadcasting by wirelessmeans, or provide to the owners of the copyright in thematerial broadcast the possibility of exercising suchrights. Article 14.3 and 5.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Articles 41, 44,
Final Provisions 8-11; and
- Civil Code of Ukraine, of 29 November 2001.
Trademarks for goods and services Citation to appropriate law
Provide trademark or service mark protection for anysign or indication capable of distinguishing the goodsor services of one undertaking from those of other
undertakings. Article 15.1.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Articles 1, 5.2, and 6.2;
- Civil Code of Ukraine, of 29 November 2001; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
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 the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 6; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Trademarks for goods and services  must be
published before or shortly after registration to permit
opposition and opportunity to apply for cancellation.Article 15.5.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Articles 12, 15, 19 and 21; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Provide trademark owners the exclusive right to
prevent unauthorized use of identical or similar marksfor similar goods or services of other parties if
confusion is likely to result. Article 16.1.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Articles 16.3 and 20;
- Civil Code of Ukraine, of 29 November 2001; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Presume confusion in no need of proof where anidentical mark is used on identical goods or services.Article 16.1.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 16.3 and 20; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Provide protection for well known trademarks andservice marks in accordance with Article 6bis, of theParis Convention, even where use is on goods or
services which are not similar to those in respect of
which a trademark is registered if the latter use wouldimply a connection with the right holder or would belikely to damage the right holder's interests. Article16.2 and .3.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 6.3; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Allow only certain exceptions to the rights conferred
by a trademark such as authorise use of intellectual
property objects on a clearly defined scale. Article 17.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of
15 December 1993, Article 6.4; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Provide a period of protection for registration of atleast seven years, renewable indefinitely. Article 18.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 5.3; and
- Civil Code of Ukraine, of 29 November 2001.
Allow cancellation for non-use only after a period ofthree years of uninterrupted non-use unless validreasons exist for the non-use, including government
interference with use. Article 19.1.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 17; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
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 compulsory
licensing is not permitted and owner of registeredmark must be able to assign it with or without transferof business. Article 21.- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Articles 16.4 and 16.5;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use ofgeographical indications identifying location where a
given 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 22.3.- Law "On the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,
Articles 1, 6, 17.4, 23, 24 and 25.1;
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Articles 6.2 and 6.3; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Protect against use of geog raphical indications even
when literally true but which falsely represent that thegoods originate in another territory. Article 22.4.- Law "On the 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 originfor wines and spirits even against use accompanied byexpressions such as 'kind," type," "style," etc. Article23.1 and 24.- Law "On the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,Articles 23 and 24.
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 the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,
Article 14;
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 6.3; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
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,Article 6.1; and
- Civil Code of Ukraine, of 29 November 2001.
Ensure that requirements for securing protection for
light industry designs are not prohibitive of suchprotection. Article 25.1.- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII; and
- 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,Article 5.5; and
- Civil Code of Ukraine, of 29 November 2001.
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 industriallyapplicable. Exceptions are permitted for plants andanimals, except for microorganisms and non-biological and microbiological processes. Exemptionsare also permitted for reasons of public order and
morality. Article 27.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of
15 December 1993, Articles 1, 6, 7.1;
- Law "On the Protection of Rights to Plant
Varieties" No. 3116-XII, of 21 April 1993;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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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 importinga product produced directly using such process.Article 28.1.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 December 1993, Articles 28.2, 28.5, 28.6;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.
Give patent owners the right to assign the rights in the
patent, or transfer the rights by succession, or license
them. Article 28.2.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of
15 December 1993, Articles 10, 28.6, 28.7;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.
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, of15 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; and
- Civil Code of Ukraine, of 29 November 2001.
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, of15 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  Design or Topology of
an Integrated Circuit Design without the RightHolder's Consent, but with Compensation to Him"approved by the Resolution of the Cabinet of
Ministers No. 444, of 6 April 1998, sections 6, 7, 8
and 9; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Provide an opportunity for judicial review of decisionsto revoke or forfeit a patent. Article 32.- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 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; and
- Civil Code of Ukraine, of 29 November 2001.
Shift the burden of proof in the process patentinfringement actions to the defendant in instances inwhich the product produced by the process is new orwhere it is substantially likely that the identicalproduct was made using the process and the patentowner has been unable through reasonable efforts to
determine whether the process in question was used.
Article 34.- Draft Law of Ukraine No. 1238, of 18 June 2002.
Integrated-Circuit Layout Designs Citation to appropriate law
Provide protection for original layout designs of
integrated circuits that are registered or have beencommercially exploited anywhere in the world.Articles 3, 4 and 5 of the Washington Treaty asincorporated into TRIPS by Article 35.- Law "On the Protection of Rights to Integrated
Circuits Design" No. 621/97, of 5 November 1997,Articles 4, 5 and 3;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Make unlawful, except in certain circumstances, the
reproduction, 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 36of TRIPS.- Law "On the Protection of Rights to Integrated
Circuits Design" No. 621/97, of 5 November 1997,Articles 16 and 21.1;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.
Provide such protection for a term of 10 years from
the films, of an application for registration or from
first commercial exploitation. Article 38.- Law "On the Protection of Rights to Topology of
Integrated Circuits" No. 621/97, of
5 November 1997, Articles 4.3; and
- Civil Code of Ukraine, of 29 November 2001.
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that issecret (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 and 46.2;
- Criminal Code, Articles 231 and 232;- Civil Code, Article 440;- Law of Ukraine "On Enterprises in Ukraine"
No. 887-XII, of 27 March 1991, Article 30;
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Articles 16-19;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.
Protect data submitted to obtain marketing approvalfor pharmaceutical or agricultural chemicals utilizing a
new chemical entity. Article 39.3.- Civil Code of Ukraine, of 29 November 2001.WT/ACC/UKR/112
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Enforcement Citation to appropriate law or laws
- General Provisions
Provide for effective action against infringement of
intellectual property rights without creating barriers to
legitimate trade or opportunities for abuse.Article 41.1.- Constitution of Ukraine, Articles 41, 54, 124
through 131;
- Law "On Property" No. 697-XII, of
7 February 1991, Article 13;
- Civil Code of Ukraine;- Civil Procedural Code;- Criminal Code of Ukraine;
- Code of Ukraine on Administrative Violations;
- Code of Ukrainian Laws on Labour;- Customs Code of Ukraine;- Law of Ukraine "On the Protection of Rights to
Industrial Designs" of 15 December 1993,No. 3688-XII;
- Law of Ukraine "On the Protection of Rights to
Trademarks for Goods and Services" of15 December 1993, No. 3689-XII;
- Law of Ukraine "On the Protection of Rights to
Topologies of Integrated Circuits" of
5 November 1997, No. 621/97;
- Law of Ukraine "On the Protection of Rights to
Varieties of Plants" of 21 April 1993,No. 3116-XII;
- Law of Ukraine "On the Protection of Rights to
Indications of Geographical Origin of Goods" of
16 June 1999, No. 752-XIV;
- Law of Ukraine "On the Protection of Rights to
Inventions and Utility Models" in the reading of1 June 2000, No. 1771-III;
- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001;
- Law "On Judiciary of Ukraine" No. 3018-III, of
7 February 2002;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated orcostly and do not entail unreasonable time-limits or
unwarranted delays. Article 41.2.- Civil Procedural Code of Ukraine, Article 6, 423
and 424
;
- Law "On Antimonopoly Committee of Ukraine",
No. 3659-XII, of 26 November 1993, Article 4;
- "Rules for Consideration of Cases on the Violation
of Antimonopoly legislation" approved by Order of
the Antimonopoly Committee No. 5, of
19 April 1994 (as amended by Order of theAntimonopoly Committee No. 169-r, of29 June 1998), Section 2;
- Decree of the Cabinet of Ministers "On the State
Duty", No. 7/93, of 21 January 1993, Article 3;
- Commercial Procedural Code, Article 69;
- Law "On Judiciary of Ukraine" No. 3018-III, of
7 February 2002; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Provide decisions on the merits based upon the
evidence presented in the case by the parties,preferably in writing with the reasons explained.Article 41.3.- The Civil Procedural Code of Ukraine, Articles 202
and 211;
- Commercial Procedural Code, Article 82.3;- Law "On the Protection of Rights to Trademarks
for Goods and Services", 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 the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,
Article 13;
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Article 32;
- Criminal Procedural Code, Articles 236.1 and 347;
and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
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, Articles 211
and 202;
- Commercial Procedural Code, Article 82.3;- Law "On the Protection of Rights to Trademarks
for Goods and Services", 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 the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,Article 13;
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Article 32;
- Criminal Procedural Code, Article 347, Article
236.1; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Civil and Administrative Procedures and Judicial
RemediesCitation to appropriate law or laws
Provide a procedure that allows plaintiffs to bring an
action for infringement; requires that defendants beduly notified; permits both sides to present evidence insupport of their position; and protects confidentialityof information. Article 42.- Civil Procedural Code of Ukraine;
- Criminal Procedural Code, Articles 4, 10, 99, 110,
137, and 138;
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Articles 16-19;
and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Authorize judges to order production of evidencenecessary to substantiate a party's claims where thatparty has been unable to obtain such evidence from theopposing party. Article 43. 1.- Civil Procedural Code, Articles 35, 36, 38, 47, 48,
53, 202 and 203;
- Commercial Procedural Code, Article 38.1; and- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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TRIPS Agreement Ukraine
Authorize judges to enjoin a defendant, except the
government, from infringing intellectual propertyrights. Article 44. 1.- Civil Procedural Code of Ukraine, Articles 149,
151 and 152;
- Commercial Procedural Code of Ukraine,
Article 67;
- Law of Ukraine "On Copyright and Related
Rights", No. 2627-III, of 11 July 2001, Article
52.2;
- Law "On the Protection of Rights to Industrial
Designs" No. 3688-XII, of 15 December 1993,Article 26;
- Law "On the Protection of Rights to Trademarks
for Goods and Services ", Article 20; and
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Article 29.
Authorize judges to order the payment of monetarydamages adequate to compensate for the injury doneby the infringement. Article 45.1.- Civil Code, Articles 440, 203, 453 and 440-1;
- Law "On the Protection of Rights to Inventions and
Utility Models" No. 3687-XII, of15 December 1993, Article 34.2;
- 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 Industrial
Designs" No. 3688-XII, of 15 December 1993,Articles 26.2 and 20.2;
- Law "On the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,
Article 17.4;
- Law "On the Protection of Rights to Topology of
Integrated Circuits" No. 621/97, of5 November 1997, Article 21;
- Civil Code of Ukraine, of 29 November 2001; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Authorize judges to order infringer to pay rightholders enforcement costs and recovery of profitsand/or other statutory damages. Article 45.2.- Civil Procedural Code of Ukraine, Articles 73, 76
and 75;
- Civil Code of Ukraine, of 29 November 2001; and- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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Authorize additional remedies including seizure of
infringing goods, and the materials and implementsthe predominant use of which is infringement. Article46.- Law "On Copyright and Related Rights",
No. 2627-III, of 11 July 2001, Article 50;
- Law "On the Protection of Rights to Trademarks
for Goods and Services" No. 3689-XII, of15 December 1993, Article 21;
- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Article 30;
- Law "On the 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 the Protection of Rights to Indications of
Origin of Goods" No. 752-XIV, of 16 June 1999,Article 24;
- Resolution of the Cabinet of Ministers No. 1340, of
25 August 1998 "On the Procedure of Accounting,
Storage and Evaluation of Confiscated and OtherProperty that Passes into Ownership of the State,and on Management of such Property", sections12-16;
- Civil Code of Ukraine, of 29 November 2001;
- Customs Code of Ukraine, of 20 December 2001;
and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Authorize indemnification of defendant, includingattorneys' fees in the event of abuse by plaintiffs.Article 48.1.- Civil Procedural Code of Ukraine, Articles 76 and
158;
- Civil Code 71, 73, 75; and- Law "On Protection Against Unfair Competition"
No. 236/96-VR, of 7 June 1996, Article 32.
Exempt public authorities and officials from liabilityin connection with the administration of intellectual
property laws only where the actions are taken orintended in good faith within the scope of tile relevantauthority. Article 48.2.- Civil Procedural Code of Ukraine, Articles 248-1,
442 and 443;
- Law "On Anti-Corruption Regulation" No. 356/95,
of 5 October 1995, Articles 1-17;
- Law "On Civil Service" No. 3723-XII, of
14 December 1993, Article 14; and
- Criminal Code of Ukraine, Articles 364-368.
Ensure that administrative remedies conform to theprinciples in the preceding Article. Article 49. -" Rules Of Considering Cases Involving Violations
of Antimonopoly Laws of Ukraine", approved By
Order No. 5 of the Antimonopoly Committee ofUkraine of 19 April 1994 (as revised by Order
No. 169-p of the Antimonopoly Committee of
Ukraine of 29 June 1998); and
- Customs Code of Ukraine, of 20 December 2001.
- Provisional Measures Citation to appropriate law or laws
Authorize judges to grant temporary restraining ordersand provisional relief to prevent infringement and topreserve evidence. Article 50.1.- Civil Procedural Code of Ukraine, Articles 218, 34,
35, 37, 151 and 152;
- Commercial Procedural Code of Ukraine,
Article 67;
- Civil Code of Ukraine, of 29 November 2001; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.WT/ACC/UKR/112
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Authorize judges to require the complaining party to
indemnify the defending party against harm if thedecision on the merits finds the provisional reliefunjustified. Article 50.3.- Civil Procedural Code of Ukraine, Articles 152,
218, 34, 35, 37, 151 a and 217;
- Commercial Procedural Code of Ukraine,
Article 67; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
Provide for due notice and for formal action by theplaintiff after temporary restraining orders. Article
50.4.- Civil Procedural Code of Ukraine, Articles 152,
218, 34, 35, 37, 151 and 217;
- Commercial Procedural Code of Ukraine,
Article 67; and
- Draft Law of Ukraine No. 1238, of 18 June 2002.
- Border Measures Citation to appropriate law or laws
Provide at the request of a right holder for suspensionof release by customs authorities of goods suspectedof bearing a counterfeit trademark or of being apiratical copyrighted work. Members are authorized toextend such protection to holders of other forms of
intellectual property, Article 51.- Customs Code of Ukraine, Article 74;
- "Regulation on the Procedure on Registration and
Transfer Across Ukraine's Customs Border ofGoods Containing IP Objects", approved byResolution of the Cabinet of Ministers of Ukraine
No. 412, of 28 April 2001, Section 14; and
- Customs Code of Ukraine, of 20 December 2001.
Require right holders initiating border measures toprovide evidence of a prima facie infringement and adescription of the goods sufficient for customsauthorities to recognize them. The right holder must benotified within a reasonable time that action will be
taken on his behalf. Article 52.- "Regulation on the Procedure on Registration and
Transfer Across Ukraine's Customs Border ofGoods Containing the IP Objects", approved byResolution of the Cabinet of Ministers No. 412, of28 April 2001, Sections 6-14,; and
- Customs Code of Ukraine, of 20 December 2001.
Authorize authorities to require the right holderrequesting border measures to post a bond sufficient to
protect the defendant and to prevent abuse. Article 53.- "Regulation on the Procedure on Registration and
Transfer Across Ukraine's Customs Border of
Goods Containing the IP Objects", approved byResolution of the Cabinet of Ministers No. 412, of28 April 2001, Sections 6, 15, 22 and 24; and
- Customs Code of Ukraine, of 20 December 2001.
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
Goods Containing the IP Objects", approved by
Resolution of the Cabinet of Ministers No. 412, of28 April 2001, Sections 17, 18 and 19; and
- Customs Code of Ukraine, of 20 December 2001.
Requires that customs authorities be notified within amaximum of 20 days of the receipt of notice thatproceedings 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 ofGoods Containing the IP Objects", approved by
Resolution of the Cabinet of Ministers No. 412, of
28 April 2001, Sections 18, 19, 22, 23 and 24;
- Civil Procedural Code, Articles 248-1 and 248-2;
and
- Customs Code of Ukraine, of 20 December 2001.
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 the allottedtime. 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, of28 April 2001, Sections 6 and 15; and
- Customs Code of Ukraine, of 20 December 2001.
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 ofGoods Containing the IP Objects", approved by
Resolution of the Cabinet of Ministers No. 412, of
28 April 2001, Sections 6 and 21; and
- Customs Code of Ukraine, of 20 December 2001.WT/ACC/UKR/112
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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 theimporter promptly of the suspension; and therequirement that public officials be liable if they act in
bad faith. Article 58.- Law of Ukraine No. 356/95, of 5 October 1995
"On Anti-Corruption Regulation", Articles 1-17;
- "Regulation on the Procedure on Registration and
Transfer Across Ukraine's Customs Border ofGoods Containing the IP Objects", approved byResolution of the Cabinet of Ministers No. 412, of
28 April 2001, Sections 21, 25 and 26;
- Customs Code, 519;- Law "On Anti-Corruption Regulation" No. 356/95,
of 5 October 1995, Article 14;
- Criminal Code, Articles 364-368; and- Customs Code of Ukraine, of 20 December 2001.
Competent authorities must be able to order
destruction or disposal other than by re-export of
infringing goods where appropriate. Article 59.- Law "On Copyright and Related Rights"
No. 2627-III, of 11 July 2001, Article 52.4; and
- Resolution of the Cabinet of Ministers No. 1340, of
25 August 1998 "On the Procedure of Accounting,Storage, Evaluation of Confiscated and OtherProperty that Passes into Ownership of the Stateand on Management of such Property", 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 ofGoods Containing IP Objects", approved byResolution of the Cabinet of Ministers No. 412, of28 April 2001, Section 2.2; and
- Customs Code of Ukraine, of 20 December 2001.
- Criminal Procedures Citation to appropriate law or laws
Provide criminal procedures and penalties, sufficientto act as a deterrent, for willful trademark
counterfeiting or copyright piracy on a commercial
scale. Authorizes extension of criminal actions toother forms of intellectual property whereinfringements are willful and on a commercial scale.- Criminal Code of Ukraine, Articles 176, 177 and
229.
_______________WT/ACC/UKR/112
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Memorandum on the Protection of
Intellectual Property Rights in Ukraine (As of 30 April 2003)
As of this date, Ukraine has put in place the essentials required to assure the safeguarding of
rights to protection of intellectual property, and moral and material interests arising in connection with
various types of intellectual activities: a modern-day normative and legal framework has beendeveloped in the field of intellectual property; and a functional infrastructure has been created
providing for the implementation of state policies in the field.
- Improvements to the Normative and Legal Framework
Legal relations in the field of intellectual property in Ukraine are regulated by certain
provisions of the Ukrainian Constitution, the norms of the Civil Code of Ukraine, the Criminal Code
of Ukraine, the Commercial Procedural Code of Ukraine, the Customs Code of Ukraine, the Code of
Ukraine on Administrative Violations, the procedur al codes, and norms of certain individual laws.
Altogether, ten special laws on intellectual property are currently in force in Ukraine.
Ukraine is party to 18 current multilateral international conventions in the field.
The national normative and legal framework has been undergoing steady development and
improvement.  The introduction of changes to current legislation is required in connection with the
need for Ukraine to discharge its obligations aris ing from the international conventions to which
Ukraine is already a party or to which it intends to accede.  These days, Ukraine does its best to make
possible its accession to WTO and integration into the European Union.  The process implies the need
to fully harmonize the national legislation with TRIPS requirements, and to introduce effective
enforcement measures for intellectual property rights protection.
The last two years were a period of particularly intensive improvement of the normative and
legal framework.  During 2001 – 2002, the Criminal Code of Ukraine was adopted, and amendments
were introduced to the Code of Ukraine on Administrative Violations.  Norms were added to the two
Codes specifically intended to reinforce criminal and administrative liability for violations of
intellectual property rights. During 2002 – 2003, the Supreme Rada of Ukraine approved the Civil
Code of Ukraine containing a separate Book entitled "Intellectual Property Law", as well as theCommercial and Customs Codes of Ukraine. The norms of these codes related to legal protection of
intellectual property are fully in compliance with international standards.
To deal with the issue of "piracy" in the field of copyright and related rights, the Law of
Ukraine "On the Specifics of State Regulation of the Activities of Economic Subjects Related to the
Production, Export and Import of Discs Intended for Laser-Readable Systems" was adopted in 2002;
amendments were introduced to the Law of Ukraine "On Copyright and Related Rights"; fourteen
resolutions were adopted by the Cabinet of Ministers of Ukraine introducing effective means for theprevention of the manufacture and distribution of counterfeit products.
On the whole, during the last two years Ukraine has made significant steps forward in
improving its national legislation on intellectual property. During the period, six laws pertaining to
intellectual property were approved, as well as five laws on accession to international conventions in
the field.  In April 2001, the President of Ukraine issued the decree "On Measures to ProtectIntellectual Property in Ukraine".  In June 2002, the Cabinet of Ministers of Ukraine approved the
"Concept for the Development of the National System of Intellectual Property Protection".WT/ACC/UKR/112
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Five important draft laws on matters of intellectual property protection are under
consideration at the Supreme Rada of Ukraine, namely:
- "On Introducing Amendments to Certain Legislative Acts of Ukraine on Legal Protection
of Intellectual Property" (to attain compliance with the provisions of TRIPS) of
18 June 2002 No. 1238, approved in first reading on 28 November 2002 andrecommended for approval in second reading and as a whole by the Supreme Rada of
Ukraine's Committee for Science and Education;
- "On Introducing Amendments to the Law of Ukraine "On Distribution of Audiovisual
Works and Phonogram Samples"" of 3 July 2002 No. 1297, approved in first reading on
6 February 2003;
- "On Introducing Amendments to Certain Legislative Acts of Ukraine on Intellectual
Property" (pertaining to copyright and related rights) of 3 July 2002 No. 1296;
- "On Introducing Amendments to the Law of Ukraine "On Property" of 26 July 2002
No. 2030, approved in first reading on 6 March 2003;
- "On Introducing Amendments to Certain Legislative Acts of Ukraine" (pertaining to
licensing and supervision over the export and import of discs intended for laser-readable
systems) of 24 February 2003 No. 3155.
Upon the adoption by the Supreme Rada of Ukraine of the draft Law "On Introducing
Amendments to Certain Legislative Acts of Ukraine on Legal Protection of Intellectual Property" the
national legislation in the field of intellectual property will be brought in complete compliance with
TRIPS norms.
- The Implementation of Organizational and Legal Mechanisms Intended for the Protection of
Intellectual Property Rights
During the last two years, our country implemented effective measures aimed at assuring
protection of intellectual property rights fully in line with the international requirements and
standards.  This is particularly true in respect to fighting violations in the field of copyright and
related rights.  Following the signing in May 2000 of the Ukrainian-United States Joint Program ofAction on Combating Illegal Production of Optical Carriers of Information, combating piracy
assumed all characteristics of state policy.  The speedy adoption of the relevant Ukrainian laws, the
Cabinet of Ministers Resolutions, and other normative and legal acts permitted the creation of the
necessary legal environment and the introduction of effective mechanisms for the implementation of
legal norms imposing tougher penalties for violations of intellectual property rights and providing for
the prevention of manufacture and distribution of counterfeit products.
One of the significant organizational mechanisms for the implementation of such legal norms
is the assurance of supervision over the compliance with legal norms in the field of intellectual
property covering the entire Ukrainian territory.
To achieve this, a joint "Agreement on Cooperation in the Field of Assigning SID Codes of
Ukraine" has been signed by the State Department of Intellectual Property, the International
Federation of Phonogram Industry (IFPI), and a manufacturing company, in accordance to which theState Department received a package of SID codes for assignment to Ukrainian manufacturers of
discs for laser-readable systems.  In 2002, the state control of illicit production and sale of counterfeit
products in Ukrainian territory was intensified as evidenced by active check-ups of the activities of
economic subjects in the field of intellectual property, the institution of criminal proceedings, and the
withdrawal of illicit audio cassettes and discs for laser-readable systems.
In order to assure the systematic state supervision over the compliance of economic subjects
with the requirements of legislation on intellectual property, a special subdivision of state inspectorsWT/ACC/UKR/112
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for matters of intellectual property has been formed within the State Department of Intellectual
Property.  State inspectors undertake measures to prevent the manufacture and distribution in the
Ukrainian territory of counterfeit products, primarily of discs for laser-readable systems.  They
function in all Ukrainian regions undertaking both routine and surprise inspections. Based on the
results of an inspection, a state inspector may draw up a report of administrative offence.  The work ofstate inspectors for matters of intellectual property is closely concerted with the activities of law-
enforcement and supervisory bodies: the Ministry of Internal Affairs, the State Tax Administration,
and the State Customs Service.
In 2002, the State Department closely attended to the build-up of the enforcement
infrastructure.  A state enterprise, the "Intelzakhyst", was created charged with performing the
activities related to the improvement of protection provided for the rights to audiovisual works and
phonograms in accordance with the Laws of Ukraine "On Copyright and Related Rights" and "OnDistribution of Audiovisual Works and Phonogram Samples".  The main purpose of the state
enterprise "Intelzakhyst" has been to back up the pr ocess of issuing control marks and to maintain the
Integrated Register of control mark recipients.  Albeit the function is not new for the system as a
whole, the advancement of specialization in the fi eld has already yielded tangible results: radically
new control marks have been introduced, and mark recipients are being registered. As of this day,over eight million marks have been issued.
Assuring effective judicial protection of intellectual property rights is a major issue. In
accordance with the President of Ukraine's decree, wo rk has been going on to institute in Ukraine a
specialized Patents Court. The Ukrainian Constitution and the Law of Ukraine "On the Judiciary of
Ukraine" provide the legal framework for the existence of such a court.
The first important step along this path was the establishment in 2002 of a special board of
justices of the Supreme Commercial Court of Ukraine charged with considering cases on protection of
intellectual property rights, and of similar boa rds within commercial courts of the Autonomous
Republic of Crimea, of oblasts, and of the cities of Kiev and Sevastopol, as well as of commercial
courts of appeal.  Time is ripe for the next step:  to create specialized chambers for matters ofintellectual property in the Supreme Commercial Court of Ukraine and the Commercial Courts of
Appeal.
In addition, the State Department is currently working actively on preparing the ground for
the creation of a scientific-research institution to be attached to the Ministry of Justice to Ukraine that
will carry out the forensic examination of intellectual property objects.
Accounting for the political, economic, and soci al significance of assuring the compliance
with current legislation in the field of copyright and related rights as applied to software, the Cabinetof Ministers of Ukraine approved by its order of May 2002 a Concept for Legitimizing Software and
for Combating Illicit Use of Software.
The Concept provides for:
- Legalization of software;
- Combating illegal use of software; and
- Developing the national software industry.
Active measures are being taken at present to implement the provisions of the Concept.
In compliance with the norms of the Customs Code of Ukraine and in execution of the
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Regulations on the Procedure
for the Registration and Transition across the Customs Border of Ukraine of Goods ContainingWT/ACC/UKR/112
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Intellectual Property Objects", an efficient mechanism was introduced in 2002 for monitoring the
transition across the customs border of Ukraine of goods covered by intellectual property rights.
Check-ups are carried out in response to a right holder's submission, in conformance with TRIPS
requirements.
In accordance with the provisions of the Law of Ukraine "On Protection Against Unfair
Competition", the administrative protection of intellectual property rights is provided by the
Antimonopoly Committee of Ukraine which possesses a network of regional representative offices.
Today, any legal entity or physical person in Ukraine which is a holder of intellectual
property rights, is able to receive effective protection of those rights, either through administrative or
in judicial procedures, upon addressing an appeal to the appropriate administrative bodies or to a
court.
The competent bodies are:
- The State Department of Intellectual Property;
- The Antimonopoly Committee of Ukraine;
- The Ministry of Internal Affairs of Ukraine;
- The State Customs Service of Ukraine;
- The State Tax Administration of Ukraine;
- The State Committee of Ukraine for Matters of Technical Regulation and Consumer
Policies; and
- Courts of general jurisdiction.
- Statistical Information on Combating Offences in the Field of Intellectual Property
The most wide-spread offences in the field of copyright and related rights are:
- Manufacture and distribution of counterfeit products and copies of audiovisual works and
phonograms;
- Duplication and distribution of unlicensed computer software; and
- Manufacture, export, and import of discs for laser-readable systems.
In the realm of industrial property, the most common offences are the manufacture and
distribution of counterfeit products involving illegal use of marks for goods and services and
commercial (company) names of well-known national and foreign producers.
During 2000 – 2002, the Ministry of Internal Affairs of Ukraine uncovered the following
number of violations in the field of intellectual property:
- In 2000: 4,600;
- In 2001: 4,500; and
- In 2002: 4,003.
Number of prosecutions:
- In 2000: 190;
- In 2001: 305; and
- In 2002: 421.
Counterfeit products were impounded for a total amount of:WT/ACC/UKR/112
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- In 2000: UHR 4.2 million;
- In 2001: UHR 10 million; and
- In 2002: UHR 7 million.
During 2002, the Ministry of Internal Affairs' units carried out inspections at over 12,000
commercial entities operating in the field of intellectual property.  Operation was terminated of 111"underground" production facilities engaged in manufacture of counterfeit products, of which 81
manufactured counterfeit products aggravated by the illegal use of trade marks of known producers.
One such "underground" entity duplicated counterfeit CDs with computer software for subsequent
distribution via an extensive illegal distributor network. The law-enforcers impounded seven
computers, 66 information-recording devices, 28,000 blank CDs, and seven thousand counterfeit CDs
worth over UHR 350,000.  A criminal case was commenced citing violation of Article 176 of the
Criminal Code of Ukraine.
Legal proceedings have been instituted and investigation is underway in connection with the
organization of an "underground" facility bottling counterfeit mineral water "Truskavetska".
Customs bodies impounded the following numbers of discs for laser-readable systems:
- In 2000: 16.5 thousand units;
- In 2001: 36 thousand units; and
- In 2002: about 50,000 units.
Special operations were conducted ("Compact-disc", "Kordon" (Border), "Kanal" (Channel),
"Kiltse" (Ring), "Potyah" (Train), "Lazerniy Dysk" (Laser disc), and "Intellekt").
As of today, a normative-legal framework has been established in Ukraine compliant with
international standards in the field of intellectual property, and implementation has been assured ofmechanisms for the enforcement of legal norms on protection of intellectual property rights, on a par
with the economically advanced countries.
A right holder is guaranteed full capability to exercise the right to administrative or judicial
protection, by means of appealing to the appropriate state executive bodies or to court.
Ukraine is making every effort to achieve further improvement of the relevant legislation and
of mechanisms for the implementation thereof, and to steadily introduce further measures aimed at
intensifying the fight against violations of intellectual property rights.
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