The adoption in July 2005 of legislation relating to the import, export and production of laser discs1 is a significant development in the field of Ukrainian IP law, as it represents the first legislative step towards compliance with the requirements for Ukraine's accession to the World Trade Organization (WTO). The main aim of this law is the comprehensive implementation of the WTO's demands, bringing Ukrainian legislation into line with WTO requirements and the Trade-Related Aspects of Intellectual Property Rights agreement. The new law deals with measures to combat the production, export, import, storage and distribution of pirate laser discs and matrices.

The law makes alterations to two existing pieces of legislation. The first of these is Article 203 of the Criminal Code:

  • The storage, manufacture and distribution of laser-readable discs and matrices are covered by criminal law;

  • Rights relating to matrices are protected by law; and

  • Contravention of these laws is punishable by a fine, two years' community service or imprisonment for the same term, plus confiscation of the discs.

The new legislation also amends the Law on Licensing of Certain Kinds of Economic Activity:

  • Matrices, like discs, may be licensed;

  • New terms - including 'export/import licence' and 'raw material' - are defined in legislation;

  • Control of the production, export and import of laser discs and matrices is placed under the authority of the State Department of Intellectual Property, the Ministry of Economics and European Integration, and the State Customs Office;

  • The authorities must notify the subject of a planned verification five rather than 10 days before the verification takes place;

  • A procedure is established for the confiscation of discs, matrices, equipment and raw materials used in contravention of the legislation; and

  • Violation of the law will result in cancellation of the party's import/export licence for laser discs, equipment and raw materials. A new licence may be obtained only within five years of the cancellation decision.

Endnotes

(1) The Law On Amendments to Certain Legislation of Ukraine (Concerning the Regulation of the Activities Associated with the Production, Export and Import of Laser Discs, Equipment and Raw Materials for their Production).

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