IP/N/1/UKR/1

Ukraine

The Law of Ukraine “On Protection of Economic Competition”

The Law sets out legal principles for supporting and protecting economic competition and for restricting monopolism in economic activities, and is aimed at assuring efficient functioning of Ukrainian economy on the basis of competitive relations development. Article 9 of the Law establishes that such actions shall not be deemed anti-competitive concerted actions of economic subjects in respect of intellectual property rights as are undertaken under an agreement for assignment of intellectual property rights or on the use of an intellectual property right object, insofar as such put restrictions on the conduct of economic activities by the party to such agreement that is assigned the right, where such restrictions do not go beyond the limits of the intellectual property rights holder’s lawful rights. Under Article 9 of the Law, provisions pertaining to anticompetitive concerted actions of economic subjects prohibited by law, shall not be applied to agreements on assignment of the intellectual property right, or on use of an object of such right, in particular, of an industrial design. Under Article 9 of the Law, provisions pertaining to anticompetitive concerted actions of economic subjects prohibited by law, shall not be applied to agreements on assignment of an intellectual property right, or on the use of an object of such right, in particular, of an invention or utility model. Under Article 9 of the Law, provisions pertaining to anticompetitive concerted actions of economic subjects prohibited by law, shall not be applied to agreements on assignment of an intellectual property right, or on the use of an object of such right, in particular, of a layout (topography) of integrated microcircuits.

Date of coming into effect of certain provisions: 27 February 2001.