Intellectual property right in Ukraine

Book Four of Civil Code of Ukraine

Intellectual property right shall be the rights of an entity to the results of intellectual, creative activity or to another object of intellectual property right.

Intellectual property right shall consist of personal non-proprietary intellectual rights and/or proprietary intellectual rights, the contents thereof with respect to specific objects of intellectual property rights.

Intellectual property right shall be inviolable: no person can be deprived of the intellectual property right or restricted in the exercise thereof, except for the cases stipulated by the law.

Objects of intellectual property rights include, in particular:

works of literature and art;

computer programs;

data compilation (database);

performances;

phonograms, video grams, and media broadcasts (programs);

scientific discoveries;

inventions, useful models, and industrial samples;

chip configurations (topographies);

rationalization proposals;

plant varieties and animal breeds;

commercial (brand) names, trademarks (for goods and services), geographical

designations;

commercial secrets.

Personal non-proprietary rights of intellectual property shall be:

1) the right to recognize an individual as a creator (an author, a performer, an inventor,

etc.) of the intellectual property right object;

2) the right to prevent any encroachment on the intellectual property right that may

damage the honor or reputation of the creator of the intellectual property right object;

3) other personal non-proprietary rights of intellectual property established by the law.

Personal non-proprietary rights shall be vested with the creator of the object of intellectual

property right. In cases envisaged by the law personal non-proprietary rights in intellectual

property can be vested with other persons.

Personal non-proprietary rights of intellectual property shall not depend on proprietary rights

of intellectual property.

Personal non-proprietary rights of intellectual property cannot be alienated (transferred),

except for the cases established by the law.

Proprietary intellectual property rights shall include:

1) the right to use an object of intellectual property right;

2) the exclusive right to allow to use an object of intellectual property right by other

persons;

3) the exclusive right to hinder the unlawful use of an object of intellectual property

right, including to prohibit such use;

4) other proprietary rights of intellectual property stipulated by the law.

The law can establish exclusions and restrictions in proprietary rights of intellectual property,

provided such restrictions and exclusions shall not create significant constrains for normal

implementation of proprietary rights of intellectual property and for exercising of lawful

interests of the subjects of these rights.

Pursuant to the law, proprietary rights of intellectual property can be an input to the

authorized fund of a legal entity, a subject of a collateral agreement and other obligations and

can be used in other civil relations.

Any person shall have the right to address the court to protect his/her intellectual property

Right.

The court can make judgment in cases and per the procedure established by the law, namely:

1) apply immediate remedies to prevent violation of intellectual property right and to

preserve respective remedies;

2) terminate trespass through the Ukraine custom borders of goods imported or exported

with the violation of intellectual property right;

3) withdraw from civil circulation of goods manufactured or brought into civil

circulation under violation of intellectual property right;

4) withdraw from civil circulation of materials and instruments used mainly to

manufacture goods under violation of intellectual property right;

5) apply single monetary penalty instead of reimbursement for losses due to unlawful

use of the object of intellectual property right. The amount of the penalty shall be

established pursuant to the law taking into account the guilt of a person and other

circumstances being of vital importance;

6) publish in mass media of information about violation of intellectual property right

and the contents of court judgment regarding such violation.