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Background
The Government of Ukraine is making every effort for Ukraine ’s joining the World Trade Organization (WTO) and integration into the European Union (EU). Beginning from 2001 legal rules in the field of intellectual property are being steadily improved. In 2001- 2002 a new Criminal Code of Ukraine was adopted and a Code of Ukraine on Administrative Violations was amended, the regulations aimed at increasing criminal and administrative responsibility for intellectual property piracy being included in both of them. In 2002-2003 the Verkhovna Rada of Ukraine adopted a new Civil Code containing the separate book “Intellectual Property Law” as well as Economic and Customs Codes of Ukraine.
To settle some problems in the field of copyright and neighboring rights’ protection the Law of Ukraine “On Specifics of the State Regulation of Activity of Subjects of Economic Activity Associated with the Production, Export, and Import of Laser-Readable Discs” was adopted, the Law “On Copyright and Neighboring Rights” was redrafted and 14 Decrees of the Cabinet of Ministers aimed at implementing effective mechanisms to exclude infringing products output and distribution were issued in 2002. As a whole, beginning from 2001 there were adopted 7 important laws in the field of intellectual property, 6 laws on Ukraine accession to international agreements in this field and several tens of by-laws. In April, 2001 the Decree of the President of Ukraine “On Measures Concerning the Protection of Intellectual Property in Ukraine ” was issued, in June, 2002 the Cabinet of Ministers of Ukraine ordered to approve the Concept for Development of the National System of Legal Protection of Intellectual Property. Besides, in May, 2003 there was adopted the Law of Ukraine "On Amendment of Certain Legislative Acts of Ukraine on Legal Protection of Intellectual Property”, whereby the legislation of Ukraine in the field of intellectual property was completely harmonized with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Upon signing the Joint Ukrainian-American Program of actions to combat CD piracy this line of activity took on signs of a state policy. Such accelerated adoption of corresponding Laws of Ukraine, Decrees of the Cabinet of Ministers and other statutory acts gave the opportunity to form legal field and enable effective mechanisms of implementing legal regulations that provide for increasing responsibility for intellectual property piracy and excluding infringing products output and distribution. In addition, for the purpose of monitoring law observance in this field throughout Ukraine the State Department of Intellectual Property of the Ministry of Education and Science of Ukraine, International Federation of Phonographic Industry (IFPI) and Philips International B.V. Company concluded the Agreement on Cooperation in the field of SID-codes assignment (SID - Special Identification Code), under which the Department was provided with the package of SID-codes to be assigned to Ukrainian laser-readable CD manufacturers.
To ensure systematic state supervision over intellectual property laws to be observed by any subjects of economic activity the Department contains the subdivision of state inspectors on intellectual property issues. Now such inspectors perform their functions in all regions of Ukraine by carrying out scheduled and unscheduled (unannounced) inspections of economy subjects which are using intellectual property objects in their activity.
In 2002 the Department paid much attention to building up its executive infrastructure. In this connection there was established the State Enterprise Intelzakhyst to realize measures aimed at improving protection of rights to audiovisual works, phonograms, computer software and databases in accordance with the Laws of Ukraine “On Copyright and Neighboring Rights” and “On Distribution of Copies of Audiovisual Works, Phonograms, Videograms, Computer Software, Databases” by issuing control marks and keeping the Unified Register of recipients thereof.
One of important problems is a necessity to provide effective judicial protection of intellectual property rights. The first important step toward this goal was made in 2001 by setting up specialized panels of judges within the Superior Economic Court of Ukraine to deal with cases relating to protection of intellectual property rights. Similar panels were also created within economic courts of the Autonomous Republic of Crimea, economic courts of the cities of Kyiv and Sevastopol , as well as within appellate economic courts.
Beginning from March 1, 2003 specialized chambers for principal proceeding of economic disputes concerned with protection of intellectual property rights began to work as subdivisions of the Superior Economic Court of Ukraine and appellate economic courts. There was also implemented an adequate specialization of judges in local economic courts.
As regards software-related issues, in May, 2002 the Ukrainian Cabinet of Ministers approved the Conception for Legalization of Software and Measures Against Its Illegal Use.
The Conception provides for: software legalization; organizational measures to combat its illegal use; building up the domestic software industry. Now some measures on implementing the Conception provisions are being actively put into effect. In particular, on September 10, 2003 the Cabinet of Ministers of Ukraine issued the Decree “On Approval of the Order for Software Use in Executive Authorities”.
According to the legal rules of the Customs Code of Ukraine and the Decree of the Cabinet of Ministers of Ukraine “On Approval of Procedure for Registering and Transporting Goods Containing Intellectual Property Objects Across the Customs Border of Ukraine” there were implemented effective mechanisms for control over the transfer of goods being under intellectual property protection through the Ukrainian customs border. Such control is to be exercised by relevant applications of intellectual property rights’ holders in accordance with provisions of the TRIPS Agreement.
The present-day Ukraine has already created the intellectual property-related regulatory and legal base, which conforms to international standards, and introduced the mechanisms for implementing legal rules related to protection of intellectual property rights.
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