Country Profile: Ukraine

Laws

Constitution / Basic Law

• Constitution of Ukraine 28 June 1996 (2010)

Main IP Laws (enacted by the Legislature)

• Law on the Protection of Rights to Inventions and Utility Models (2009)
• Law on the Protection of Rights to Inventions and Utility Models No. 3687-XII of December 15, 1993 (2009)
• Law on Protection of Rights to Indication of Origin of Goods, adopted on 16 June 1999 (2008)
• Law on Protection of Rights to Marks for Goods and Services, adopted on 15 December 1993 (2008)
• Law on the Protection of Rights to Plant Varieties, adopted on 21 April 1993, amended on 17 January 2002 and 2 November 2006 (2006)
• Law on the specifics of state regulation of activities of business entities related to production, export, and import of disks for laser reading systems, matrices, adopted on 17 January 2002 (2005)
• Law on Folk Artistic Craft (2004)
• Law on Distribution of Copies of Audiovisual Works, Phonograms, Videograms, Computer Programs, Databases (2003)
• Law on the Protection of Rights to Topographies of Integrated Circuits, No. 621/97-VR of November 5, 1997 (2003)
• Law on Copyright and Related Rights, adopted on 23 December 1993 (2003)
• Law on Protection of Rights to Industrial Designs, adopted on 15 December 1993 (2003)

IP-related Laws (enacted by the Legislature)

• Economic Code of Ukraine (Extracts) (2010)
• Criminal Code of Ukraine (2010)
• Law on Cinematography (2010)
• Law on the Regime of Foreign Investment (2010)
• The Law on Taxation of Company Profit (2010)
• Economic Procedural Code of Ukraine No. 1798-XII of November 6, 1991 (2010)
• Law on Economic associations No. 1576-XII of September 19, 1991 (2010)
• Code of Ukraine on Administrative offenses (Extract) (2010)
• Labor Code of Ukraine of December 10, 1971 (Extract) (2010)
• Law on amendments of the law On the Organization and Holding of the Final Part of the 2012 European Football Championship in Ukraine (2009)
• Civil Code of Ukraine (2009)
• Law on the Protection of Economic Competition (2009)
• Law on Advertising (2009)
• Law on Protection of Information in Automated Systems (2009)
• Law on Television and Radio Broadcasting (2009)
• Law on Foreign Economic Activities No. 959-XII of 16, April,1991 (2009)
• Law on Architectural Activity (2008)
• Law on Publishing (2008)
• Law on Protection Against Unfair Competition (2008)
• Law on Investment Activity (2008)
• Law on the Antimonopoly Committee No. 3659-XII of November 16, 1993 (2007)
• Law on Fundamentals of the Legislation on Culture No. 2117-XII of February 14, 1992 (2007)
• The law on Scientific and Scientific-technical Activities (2007)
• Law on Scientific and Scientific Technical Expertise (2006)
• The law on Innovation Activity No. 40-IV of 4 July 2002 (2005)
• Law on Information (2005)
• Law on Professional Creative Workers and Creative Unions (2004)
• Law on Printed Mass Media (Press) No. 2782-XII of November 16, 1992 (2004)
• Law on Information Agencies (2003)
• Law on Scientific-technical Information No. 3322-XII of June 25, 1993 (2003)

Implementing Rules/Regulations

• Decree of the Cabinet of Ministers of Ukraine on Standardization and Certification (2009)
• Decree of the Cabinet of Ministers On State Duty (2009)
• Resolution of the Cabinet of Ministers on Registration of Objects of Intellectual Property Law in Customs Register, Gathering of Information, and Interaction of Customs Authorities with Other Law Enforcement and Controlling Authorities and Owners of Rights to Objects of Intellectual Property Law in the Event of Suspension of Customs Clearance of Goods at the Discretion of the Customs Authority (2007)
• Order on the approval of the Procedure of granting chargeable services by the State Enterprise "Ukrainian Industrial Property Institute" as of 27 December 2006 (2006)

IP Legal Literature

• Law on the Organization and Holding of the Final Part of the 2012 European Football Championship in Ukraine (Summary) (2007)
• Law on Innovation Activity No. 40-IV of 4 July 2002 (Summary) (2005)
• Law on Taxation of Profits of Enterprises (Summary) (2005)
• The law on Scientific and Scientific-technical Activities (Summary) (2005)
• Law on Folk Artistic Craft (Summary) (2004)
• Law on Architectural Activity (Summary) (2004)
• Law on Professional Creative Workers and Creative Unions (Summary) (2004)
• Law on Advertising (Summary) (2004)
• Law on Protection of Information in Automated Systems (Summary) (2004)
• Law on Printed Mass Media (Press) No. 2782-XII of November 16, 1992 (Summary) (2004)
• Law on Information Agencies (Summary) (2003)
• Law on Television and Radio Broadcasting (Summary) (2003)
• Law on Investment Activity (Summary) (2003)
• Law on Foreign Economic Activities No. 959-XII of 16, April,1991 (Summary) (2003)
• Law on Cinematography (Summary) (2003)
• Law on Publishing (Summary) (2002)
• Law on Scientific and Scientific Technical Expertise (Summary) (1999)

Treaty Membership

WIPO-Administered Treaties (Entry into force of treaty for contracting party)

• Singapore Treaty on the Law of Trademarks (May 24, 2010)
• Strasbourg Agreement Concerning the International Patent Classification (April 7, 2010)
• Vienna Agreement Establishing the International Classification of the Figurative Elements of Marks (July 29, 2009)
• Locarno Agreement Establishing an International Classification for Industrial Designs (July 7, 2009)
• Patent Law Treaty (April 28, 2005)
• Hague Agreement Concerning the International Deposit of Industrial Designs (August 28, 2002)
• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (June 12, 2002)
• WIPO Performances and Phonograms Treaty (May 20, 2002)
• WIPO Copyright Treaty (March 6, 2002)
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (December 29, 2000)
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (December 29, 2000)
• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (February 18, 2000)
• Nairobi Treaty on the Protection of the Olympic Symbol (December 20, 1998)
• Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (July 2, 1997)
• Trademark Law Treaty (August 1, 1996)
• Berne Convention for the Protection of Literary and Artistic Works (October 25, 1995)
• Madrid Agreement Concerning the International Registration of Marks (December 25, 1991)
• Paris Convention for the Protection of Industrial Property (December 25, 1991)
• Patent Cooperation Treaty (December 25, 1991)
• Convention Establishing the World Intellectual Property Organization (April 26, 1970)

IP-related Multilateral Treaties (Entry into force of treaty for contracting party)

• Kiev Protocol on Pollutant Release and Transfer Registers to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
• Protocol (III) additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (July 19, 2010)
• Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005 (June 10, 2010)
• Convention on the Rights of Persons with Disabilities (March 6, 2010)
• Optional Protocol to the Convention on the Rights of Persons with Disabilities (March 6, 2010)
• Convention on the Protection of the Underwater Cultural Heritage (January 2, 2009)
• Agreement establishing the World Trade Organization (WTO) (May 16, 2008)
• World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (May 16, 2008)
• Stockholm Convention on Persistent Organic Pollutants (December 24, 2007)
• WHO Framework Convention on Tobacco Control (September 4, 2006)
• International Plant Protection Convention (May 31, 2006)
• London Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (August 4, 2005)
• Kyoto Protocol to the United Nations Framework Convention on Climate Change (February 16, 2005)
• International Convention on the Harmonization of Frontier Controls of Goods (December 12, 2003)
• Cartagena Protocol on Biosafety to the Convention on Biological Diversity (September 11, 2003)
• Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (October 30, 2001)
• Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (January 6, 2000)
• United Nations Convention on the Law of the Sea (August 25, 1999)
• United Nations Framework Convention on Climate Change (August 11, 1997)
• International Convention for the Protection of New Varieties of Plants (UPOV) (November 3, 1995)
• Convention on Biological Diversity (May 8, 1995)
• Universal Copyright Convention of 6 September 1952, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (August 24, 1991)
• United Nations Convention on Contracts for the International Sale of Goods (February 1, 1991)
• Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts. (July 25, 1990)
• Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. (July 25, 1990)
• Convention concerning the Protection of the World Cultural and Natural Heritage (January 12, 1989)
• International Covenant on Economic, Social and Cultural Rights (January 3, 1976)
• Convention on Transit Trade of Land-locked States (August 20, 1972)
• Convention for the Protection of Cultural Property in the Event of Armed Conflict (May 6, 1957)
• Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (May 6, 1957)
• Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (February 3, 1955)
• Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. (February 3, 1955)
• Convention (IV) relative to the Protection of Civilian Persons in Time of War. (February 3, 1955)

IP Regional Treaties (Entry into force of treaty for contracting party)

• Eurasian Patent Convention (EAPO)
• Agreement on mutual preservation of inter-state secrets in the area of legal protection of Inventions (January 31, 2000)
• Commonwealth of Independent States (CIS) - Agreement on Measures for the Prevention and Repression of the Use of False Trademarks and Geographical Indications (of June 4, 1999) (June 4, 1999)
• Agreement on Cooperation in the Field of the Protection of Copyright and Neighboring Rights (June 27, 1995)
• Agreement concerning the Measures of Protection of Industrial Property and Establishing the Interstate Council for the Industrial Property (March 12, 1993)

IP-relevant Bilateral Treaties (Entry into force of treaty for contracting party)

• Agreement between Government of the Republic of Uzbekistan and the Cabinet of Ministers of Ukraine in the field of Intellectual Property protection (May 9, 1998)
• Trade and Economic Cooperation Agreement between Switzerland and Ukraine (December 1, 1996)