Ukraine enacts new IP law

On May 31 2007 the Ukrainian Parliament enacted a new IP law that amends various sections of the Civil Code and the Criminal Code.

Among other provisions, the new law amends Article 432 of the Civil Code, which lists the actions that may be prescribed by a court with regard to IP protection. The new law provides that the courts may order the destruction of goods that infringe IP rights, as well as the destruction of materials and equipment used for the manufacture of infringing goods.

Similar amendments were entered into the articles of the Criminal Code that deal with infringements of IP rights, including Article 229, which refers to trademark infringement. From now on, the punishment for the illegal use of trademarks, which constitutes a criminal offence, can include not only seizure, but also the destruction of the infringing goods as well as the equipment and materials used for the manufacture of infringing goods.

The amendments bring Ukrainian law into line with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Julia Semeniy, Konnov & Sozanovsky, Kiev