Protection of intellectual property rights has been strengthened

20/03/2023

On March 20 the Verkhovna Rada adopted the Law "On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Protection of Intellectual Property Rights."

So, the main innovations of the law are:

  • Provision of the possibility of withdrawal from civil circulation of goods manufactured or introduced into civil circulation in violation of intellectual property rights, and materials and tools that were used mainly for the manufacture of goods in violation of intellectual property rights, at the expense of the person who committed the violation;
  • Provision of additional powers to apply a one-time monetary payment instead of other methods of protecting intellectual property rights, 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;
  • Provision of specification of procedural procedures for demanding evidence in the form of information on the origin and distribution network of goods or services that violate intellectual property rights;
  • Emergence of additional opportunities for publication in the mass media or publicizing by another designated by court means of information about the violation of intellectual property rights and the content of the court decision regarding such violation at the expense of the person who committed the offense.

The purpose of the law is to implement the provisions of the Association Agreement between Ukraine and the EU and Directive 2004/48/EU of the European Parliament and the European Council on the protection of intellectual property rights into national legislation.

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