IP/N/1/UKR/1

Ukraine

Code of Ukraine on Administrative Offences

Chapter 6 of the Code of Ukraine on Administrative Offences defines administrative offences infringing on property rights. Article 51-2 sets the amount of fine for the infringement of rights to intellectual property objects. Article 164-9 establishes liability for unlawful distribution of copies of audiovisual works, phonograms, videograms, computer software, and databases the packing of which bear no control marks or bear control marks the serial numbers of, or information contained in, which are at variance with the carrier of the copy at hand, or a number which is at variance with the data entered in the Integrated Register of Control Mark Recipients. Article 164-13 establishes liability for infringements of laws regulating production, exportation, and importation of discs for laser reading systems, and exportation and importation of equipment or raw materials for the manufacture thereof. The objective of the Code of Administrative Offences of Ukraine is to protect rights and liberties of citizens, their property, the Constitutional order of Ukraine, rights and lawful interests of enterprises, institutions, and organizations, and the established legal order; to strengthen legality; to prevent offences; to educate citizens in the spirit of exact and unswerving compliance with the Ukrainian Constitution and laws, of due respect for the rights, honor, and dignity of other citizens, of the conscientious performance of one’s duties, and of responsibility to the society. Chapter 6 of the Code of Administrative Offences of Ukraine lists administrative offences that infringe on property. Article 51-2 sets the amount of fine imposed for the infringement of rights to intellectual property objects. Article 51-2 sets out legal consequences for infringement of the right to an intellectual property right object, in particular, to an industrial design, and Article 91-1, legal consequences for non-compliance with ecological safety requirements in the process of introducing industrial designs. Article 51-2 sets out legal consequences for infringement of the right to an intellectual property right object, in particular, to an invention (utility model), and Article 91-1, legal consequences for non-compliance with ecological safety requirements in the process of introducing inventions (utility models). Article 51-2 sets out legal consequences for infringement of the right to an intellectual property right object, in particular, to a layout (topography) of integrated microcircuits, and Article 91-1, legal consequences for non-compliance with ecological safety requirements in the process of introducing layouts (topography) of integrated microcircuits. Article 51-2 specifies legal consequences of violations of the rights to objects of intellectual property rights to a plant variety. Article 104-1 specifies legal consequences of violations of the procedure and requirements concerning seed production and planting. Article 238-3 specifies agencies of state control in the area of seed production and planting Article 255 specifies persons who may issue protocols on administrative offences, particularly in the area of protection of the rights to plant varieties. Article 257 sets forth a procedure for consideration of protocols on administrative offences.