Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of March 20, 2023 No. 2974-IX

About modification of some legal acts of Ukraine concerning strengthening of protection of intellectual property rights

The Verkhovna Rada of Ukraine decides:

1. Make changes to the following legal acts of Ukraine:

1) in part two of Article 432 of the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

state Items 3 and 4 in the following edition:

"3) withdrawal from civil circulation of the goods made or introduced into civil circulation with violation of intellectual property right and destruction of such goods at the expense of person who made violation;

4) withdrawal from civil circulation of materials and tools which were used mainly for production of goods with violation intellectual property rights, or withdrawal and destruction of such materials and tools at the expense of person who made violation";

add with Item 4-1 of the following content:

"4-1) application of one-time money payment instead of application of the methods of protection of intellectual property right established by Items 3 and/or 4 of this part. Application of one-time money payment is performed according to the statement of defense provided that the intellectual property right is violated by the defendant unintentionally and without negligence and that application of the methods of protection established by Items 3 and 4 of this part is incommensurable to the harm done to the claimant. The amount of one-time money payment is determined by court as amount of remuneration which would be paid for provision by the claimant of permission to use of intellectual property right concerning which there was dispute and reasonably satisfies the claimant";

in Item 5 of the word of "one-time cash collection" and "penalties" to replace with the word "compensations";

state Item 6 in the following edition:

"6) publication according to the plaintiff's declaration in mass media or informing everyone by other determined court by data on violation of intellectual property right and contents of the judgment concerning such violation at the expense of person who made offense";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info