Any actions in respect of the protected variety, performed without the authorization of the owner of intellectual property rights to such plant variety, shall be deemed to constitute an infringement of intellectual property rights to a plant variety (Article 53.2 of the Law). Ukrainian laws establish the responsibility for infringement of plant variety rights.
According to Article 53.4 of the Law, the person whose variety rights have been violated may claim the following:
- ceasing the actions that violate or predetermine the infringement of its rights as compared to the situation that existed before such infringement;
- indemnification for the caused damage, including the lost profit;
- compensation for non-pecuniary damage;
- taking other measures on variety rights protection provided for by laws of Ukraine.
The person, entitled to use the variety under the license contract, may also claim the restoration of the violated patent holder`s rights, unless otherwise is provided for by the contract.
Under Article 53.5 of the Law, at the request of the right holder, the infringer shall cease the infringement of the rights and indemnify for the caused damage.
Article 54 of the Law provides for provisions concerning settlement of disputes on variety rights in the course of court proceedings. It stipulates that person, whose variety rights have been violated, may apply to the court for remedy.
The responsibility related to the infringement of variety rights is set out in Article 55 of the Law. The court is entitled to render a judgment on the following:
- compensation for non-pecuniary (non-property) damage, caused by the infringement of the variety rights, with specification of the amount of compensation;
- compensation for the damage, caused by the infringement of intellectual property rights to a plant variety;
- recovery of profit, received in the result of variety rights infringement, including the lost patent holder`s profit;
- recovering the compensation, defined by the court in amount from 10 to 50,000 minimum salaries, with due consideration of whether the infringement was intended or not, instead of compensation for the damage or recovery of profit;
- ceasing the act that predetermines the infringement of variety rights.
The court may render a judgment to impose a fine on the infringer amounted to 10% of the charge, judged in favor of the claiming party (Article 55.2 of the Law). Furthermore, the court may render a judgment on the following:
- withholding from commercial distribution or seizing any variety materials and product, obtained with using such variety, which have been illegally received by the infringer (the variety materials and product, acquired by other persons in good faith, shall not be subject of seizure);
- withholding or seizing the materials and/or equipment, which have been extensively used for the illegal production of variety materials (Article 55.3 of the Law).