Ukraine has taken another step to bring its legislation on IPR protection closer to European Union standards. The Verkhovna Rada voted on the draft law on amendments to some legislative acts of Ukraine on strengthening the protection of intellectual property rights (No. 6464).
The document provides the following:
→ the possibility of removing from civil circulation goods manufactured or introduced into civil circulation with IPR violation, and materials and tools that were used mainly for the manufacture of goods with IPR violation, at the expense of the person who committed the violation;
→ additional powers regarding the application of a one-time monetary payment instead of other methods of IPR protection, provided that the right was violated by the defendant unintentionally and without negligence and the application of the methods of protection is disproportionate to the damage caused to the plaintiff;
→ specification of procedures for demanding evidence in the form of information about the origin and distribution network of goods or services that violate intellectual property rights;
→ additional possibilities of publication in the mass media or publicizing in another court-designated way means of information about the IPR violation and the content of the court decision regarding such violation at the expense of the person who committed the offense.
The purpose of draft law No. 6464 is to implement into national legislation the provisions of the Association Agreement between Ukraine and the EU and Directive 2004/48/EC of the European Parliament and the Council of Europe on IPR protection.
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21 March 2023