Lois et règlements au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document

Ukraine
Commercial Code of Ukraine establishes, in accordance with the Constitution of Ukraine, the legal framework for economic activities, based on diversity of economic subjects belonging to different forms of ownership. Article 33 of the Commercial Code of Ukraine defines what is deemed illegal use of an economic subject’s business reputation. Article 155 provides that trademarks (marks for goods and services) are an object of intellectual property right. Article 157 sets out legal powers in respect of trademark use, in particular, defines what is deemed use of a trademark; rights of certificate holder; rights of trademark owners to undertake warning marking; and rights of trademark owners engaged in agent activities. Article 158 defines legal powers regarding the use of trademarks the right to which belong jointly to several persons, in particular, provides definition of trademark the right to which is shared by several persons. Article 371 sets out duties of a user incidental to a commercial concession agreement. Article 375 defines consequences of the change of a trademark or other indication of the owner of rights, the right to use such indication forming a part of the set of rights under a commercial concession agreement. Commercial Code of Ukraine establishes, in accordance with the Constitution of Ukraine, the legal foundations for economic activities based on diversity of economic subjects belonging to different forms of ownership. Article 33 of the Commercial Code of Ukraine defines what is deemed illegal use of an economic subject’s business reputation. Article 155 of Chapter 16 of the Code provides that geographic indications are an object of intellectual property right. Article 160 sets out legal powers in respect of geographic indications use, in particular, lists economic subjects given the right to use geographic indications; defines what is deemed use of a geographic indication by an economic subject; sets out grounds for the use of trademarks of economic subjects engaged in agent activities, along with geographic indications of the good’s manufacturer. Under Article 155, industrial designs are recognized as intellectual property right objects in the economic realm. Article 156 defines what is deemed use of an industrial design in the economic realm. Under Article 174, deemed grounds for the emergence of economic obligations is, inter alia, the creation of intellectual property objects, in particular, industrial designs. Under Article 329, the State guarantees to subjects of innovation activity, protection of intellectual property rights, in particular, to industrial designs. Under Article 155, inventions and utility models are recognized as intellectual property right objects in the economic realm. Article 156 defines what is deemed use of an invention (utility model) in the economic realm. Under Article 174, deemed grounds for the emergence of economic obligations is, inter alia, the creation of intellectual property objects, in particular, inventions (utility models). Under Article 329, the State guarantees to subjects of innovation activity, the protection of intellectual property rights, in particular, to inventions (utility models). Article 36 of the Commercial Code of Ukraine establishes what can be recognized as a commercial secret; what actions constitute unlawful collection of data that constitute a commercial secret; what is deemed disclosure of a commercial secret; and what constitutes unlawful use of a commercial secret. Article 162 of the Commercial Code of Ukraine establishes the right of an economic activity subject that owns technical, organizational, or other commercial information, to protection from unlawful use of such information by third parties, provided that such information has commercial value in connection with it being unknown to third parties and because there is no free access to it for other persons on legal grounds, while the information’s owner takes appropriate measures to protect the confidentiality of such information. Article 254 of the Commercial Economic Code of Ukraine provides that where a fact has been established of unlawful use of another's designations, advertising materials, and packing, or a fact of product reproduction, the interested persons may submit to the Antimonopoly Committee of Ukraine or its territorial branches, an application requesting seizure, by means of a judicial procedure, of products bearing unlawfully used designation or of copies of other economic subject’s products, both from the manufacturer and from the seller of such products. Under article 155 plant varieties are recognized as objects of intellectual property rights.