Article 176 sets out penalties for infringements of copyright and related rights. Specifically, unlawful reproduction and distribution of works of science, literature, and arts, of computer software and databases, as well as unlawful reproduction and distribution of performances, phonograms, videograms, and broadcasting programs, their unlawful replication and distribution on audio and video cassettes, diskettes, and other information carriers, or other intentional infringements of copyright and related rights, where such acts inflicted substantial material damage, shall be punishable by fine in the amount of two hundred to one thousand untaxable minimum incomes of citizens, or by corrective labor for the term of up to two years, or by imprisonment for the same term, with seizure and destruction of all copies of works, material carriers of computer software, databases, performances, phonograms, videograms, broadcasting programs, and tools and materials specifically used in manufacture thereof.
Same actions committed repeatedly or by advance collusion of a group of persons, or such that inflicted substantial material damage, shall be punishable by fine in the amount of one thousand to two thousand untaxable minimum incomes of citizens, or by corrective labor for the term of up to two years, or by imprisonment for a term of two to five years, with seizure and destruction of all copies of works, material carriers of computer software, databases, performances, phonograms, videograms, broadcasting programs, and tools and materials specifically used in manufacture thereof.
Actions described above where committed by an official making use of that official’s official status, or by an organized group, or where such actions inflicted especially significant amount of material damage, shall be punishable by fine in the amount of two thousand to three thousand untaxable minimum incomes of citizens, by imprisonment for a term of three to six years, with subsequent ban on occupying certain posts or on engaging in certain activities, for a term of up to three years or without such ban, and with seizure and destruction of all copies of works, material carriers of computer software, databases, performances, phonograms, videograms, broadcasting programs, and tools and materials specifically used in manufacture thereof.
Article 203-1 provides for penalties for the unlawful production, exportation, importation, storage, sales, and transfer of discs for laser reading systems and of matrices, equipment and raw materials for their manufacture.
Article 216 provides for penalties for the unlawful manufacture, forgery, use, or distribution of unlawfully manufactured or obtained control marks used to mark packing of any copies of audiovisual works, phonograms, videograms, computer software, databases, or holographic protective elements.
Criminal Code of Ukraine purports to provide legal basis for the protection of human rights and civil liberties, of property, civil order and public security, of the environment, and of Ukraine’s Constitutional order from criminal encroachments; for assuring world peace and security, as well as for preventing crime.
To achieve this objective, the Criminal Code of Ukraine provides definitions of which socially dangerous acts are deemed crimes and what penalties are applied to persons committing such crimes.
Article 229 sets out punishments for unlawful use of marks for goods and services.
Criminal Code of Ukraine purports to provide legal basis for the protection of human rights and civil liberties, of property, civil order and public security, of the environment, and of Ukraine’s Constitutional order from criminal encroachments; for assuring world peace and security, as well as for preventing crime.
To achieve this objective, the Criminal Code of Ukraine provides definitions of which socially dangerous acts are deemed crimes and what penalties are applied to persons committing such crimes.
Article 229 sets out punishments for unlawful use of marks for goods and services, of business names, and of qualified indications of goods origin.
Article 177 sets out legal consequences of unlawful use of an industrial design, of illegal appropriation of authorship to it, or other intentional infringements of the right to such object, if such action resulted in material damage.
Legal consequences are set out of similar actions when committed repeatedly, or by prior collusion by a group of persons, or by an official making use of his/her official position, or by an organized group.
Article 177 sets out legal consequences for unlawful use of an invention (utility model), for illegal appropriation of authorship to it, or other intentional infringements of the right to such object, if such action resulted in material damage.
Legal consequences are set out of similar actions when committed repeatedly, or by prior collusion by a group of persons, or by an official making use of his/her official position, or by an organized group.
Article 177 sets out legal consequences for unlawful use of a layout (topography) of integrated microcircuits, for illegal appropriation of authorship to it, or other intentional infringements of the right to such object, if such action resulted in material damage.
Legal consequences are set out of similar actions when committed repeatedly, or by prior collusion by a group of persons, or by an official making use of his/her official position, or by an organized group.
Article 231 of the Criminal Code of Ukraine provides for penalty in the form of fine, for intentional actions aimed at obtaining data that constitute commercial or banking secret, with the purpose of disclosure or other use of such data, as well as for unlawful use of such data, if such actions resulted in material damage to an economic activity subject (a fine of two hundred to one thousand untaxable minimum incomes of citizens, or restriction of liberty for a term of up to five years, or imprisonment for a term of up to three years).
Under Article 232, intentional disclosure of a commercial or banking secret without the owner’s consent, by a person who gained access to such secret in virtue of his/her professional occupation or official position, where such disclosure was motivated by lucrative or other personal considerations and resulted in material damage to the economic activity subject affected, shall be punishable by fine in the amount of two hundred to five hundred untaxable minimum incomes of citizens with deprivation of the right to occupy certain positions or to engage in certain kinds of activities for a term of up to three years, or by corrective labor for a term of up to two years, or by imprisonment for the similar term.
The Criminal Code of Ukraine establishes penal sanctions for law infringements in the realm of intellectual property.
Article 177 establishes legal consequences of violations of the rights to a plant variety, in particular, of illegal use of a plant variety.
