IP/N/1/UKR/1

Ukraine

Civil Code of Ukraine

Book four of the Civil Code of Ukraine, Chapters 36 and 37: Regulates intellectual property right to a literary, artistic, and other work (copyright) and intellectual property right to a performance, phonogram, videogram, and a broadcasting organization’s program (transmission) (related rights). Civil Code of Ukraine regulates personal non-property and property relations (civil relations) based on legal equality, free expression of will, and property independence of participants in such relations. Chapter 35 of Book four sets out general provisions on intellectual property right, in particular, Article 431 establishes consequences of intellectual property right infringements; Article 432 contains provisions related to the judicial protection of intellectual property rights. Chapter 44 of the Civil Code of Ukraine’s Book four sets out the legal regime for trademarks protection. Articles 492 through 499 define the notions of trademark and legal subjects; the scope of protection granted to trademarks; terms and conditions for acquiring intellectual property right to a trademark possessing international registration or recognized as well-known according to a procedure established by law; the scope of property rights; their term of validity; grounds for early termination of validity; the procedure for renewal of validity for exclusive property rights the validity of which has been terminated before time; and grounds and procedures for declaring such rights invalid. Article 500 defines the right of prior user to a trademark. Chapter 75 of the Civil Code of Ukraine contains provisions regarding the disposal of proprietary intellectual property rights. Article 1107 lists types of agreements related to the disposal of proprietary intellectual property rights. Articles 1108 through 1113 provide detailed explanations for each type of agreement pertaining to the disposal of proprietary intellectual property rights. Article 1114 contains provisions for the state registration of agreements pertaining to the disposal of proprietary intellectual property rights. Article 1116 of Chapter 76 of the Civil Code of Ukraine establishes that the subject-matter of a commercial concession agreement may be, inter alia, the right to use intellectual property right objects. Chapter 45 of the Civil Code of Ukraine’s Book four established legal regime for the protection of geographic indications. Articles 501 through 504 define, inter alia, the date for the emergence of an intellectual property right, the scope of legal protection, the subjects of the right, the content of the right, and the term of validity of the right. Articles 420 through 470 in Book four define industrial design objects and subjects of intellectual property right to an industrial design, provide a set of personal non-proprietary and proprietary intellectual property rights to such object; establish the term of validity for such right; define intellectual property right to an object created in connection with the performance of an employment contract; set out the consequences of infringements on intellectual property right and judicial protection thereof and the consequences of termination of exclusive proprietary intellectual property right to an industrial design; and establish the prior user right. Article 1116 establishes that the right to use intellectual property right objects, inventions in particular, shall be the subject of a commercial concession agreement. Articles 420 through 470 of Book four define objects of invention (utility models) and subjects of intellectual property right to an invention (utility model); provide a list of personal non-proprietary and proprietary intellectual property rights to such objects; establish terms of validity for such rights; define the right of intellectual property to an object created in connection with the performance of an employment contract; set out consequences of infringements on intellectual property rights and judicial protection thereof, and consequences of termination of validity of exclusive proprietary intellectual property right to an invention (utility model); and establish the prior user right. Article 1116 establishes that the right to use intellectual property right objects, inventions in particular, shall be the subject of a commercial concession agreement. Articles 420 through 480 of Book four define objects of layouts (topography) of integrated microcircuits and subjects of intellectual property right to layouts (topography) of integrated microcircuits; provide a list of personal non-proprietary and proprietary intellectual property rights to such objects; establish terms of validity for such rights; define the right of intellectual property to an object created in connection with the performance of an employment contract; set out consequences of infringements on intellectual property rights and judicial protection thereof, and consequences of termination of validity of exclusive proprietary intellectual property right to a layout (topography) of integrated microcircuits. Article 1116 establishes that the right to use intellectual property right objects, layout (topography) of integrated microcircuits in particular, shall be the subject of a commercial concession agreement. Under Articles 505 through 508 of the Civil Code of Ukraine, legal protection is granted to commercial secrets; deemed such is information that is secret in the sense that, as a whole or in a certain form and combination of its components, it is unknown and is not easily accessible to such persons as normally deal with the kind of information to which it belongs; and therefore, such information possesses commercial value and has been the object of measures, adequate under the existing circumstances, aimed at keeping it secret and taken by the person who was legally in control of such information. Article 432 of the Civil Code of Ukraine provides for the authority of a court, in cases and according to the procedure established by law, to adopt a decision, inter alia, on the following: 1) on decreeing urgent measures to prevent infringement of intellectual property right and to secure appropriate evidence; 2) on suspending the movement across the customs border of Ukraine, of such goods the importation or exportation of which is conducted with infringement of an intellectual property right; 3) on withdrawing such goods from civil circulation as have been manufactured or introduced in civil circulation with infringement of an intellectual property right, and on destruction of such goods; 4) on withdrawing from civil circulation of such materials and tools as were used predominantly in the manufacture of goods with infringement of an intellectual property right, or on destruction of such materials and tools; 5) on imposing one-time pecuniary penalty instead of compensation of damages, for illegal use of an intellectual property right object. The size of such penalty shall be determined according to law taking into account the scope of guilt of the person concerned and other circumstances of material significance; 6) on publishing in the media of information on an infringement of intellectual property rights and of the substance of court judgments regarding such infringement. Chapter 42 (articles 485-488) defines subjects of intellectual property rights to plant varieties, provides a list of personal non-property rights to plant varieties certified by way of the state registration, personal property rights to plant varieties certified by a patent, intellectual property rights to disseminate a plant variety certified by way of the state registration, set forth a period of effectiveness of the intellectual property rights to a plant variety.