Digital Trade Agreement UK-UA, IP Rights Has Strengthened, The State Register of Sanctions

The Protection of IP Rights has been Strengthened in Accordance with the Provisions of European Legislation: the Law

On 20.03.2023, the Verkhovna Rada of Ukraine adopted the law (draft law No. 6464 dated 24.12.2021) “On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Protection of Intellectual Property Rights.”

The Law provides, in particular:

  • the possibility of removing from civil circulation goods manufactured or distributed in violation of IP rights, and materials and tools used for the manufacture of such goods, at the expense of the person who committed the offense;
  • additional possibilities of using a one-time cash payment instead of other methods of protecting IP rights, in the event that the right was violated by the defendant unintentionally and without negligence, and the use of other methods of protection is disproportionate to the damage caused to the plaintiff;
  • clarification of the procedure for requesting evidence in the form of information about the origin and distribution network of goods or services that violate IP rights;
  • additional opportunities to publish in the mass media or make public in other ways information about the violation of IP rights and the content of the court decision regarding such violation at the expense of the person who committed the offense.

According to the announcement of the state enterprise “Ukrainian Institute of Intellectual Property”, 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 the protection of IP rights.

Ukraine and Great Britain Signed the Digital Trade Agreement

On 20.03.2023, the UK-Ukraine Digital Trade Agreement was signed, which, in the future, will support Ukraine’s economy and significantly improve trade and investment relations.

According to the statement of the Ministry of Economy, this Agreement is a legal foundation for the greater development of the digital economy – from e-commerce to cyber security – trade in digital products and services between Ukraine and UK.

As the First Deputy Prime Minister and Minister of Economy for Ukraine, Yuliia Svyrydenko said: “The signing of this Agreement is truly a key moment in bilateral relations between Ukraine and UK, another big step towards expanding cooperation between Ukrainian and British businesses. Implementation of the Agreement will deepen Ukraine’s participation in global supply chains, promote the development of small and medium-sized enterprises and the participation of women in the digital economy, and will also reduce obstacles to participation in global digital trade”.

The Digital Trade Agreement complements the UK-Ukraine Political, Free Trade and Strategic Partnership Agreement dated 08.10.2020 and will enter into force after the completion of all state internal procedures.

In addition, the notification of the British government states that UK promises to extend the abolition of customs duties on all Ukrainian goods until March 2024. Let us please remind you that UK decided to reduce customs duties on all goods from Ukraine to zero level in May 2022.

The State Register of Sanctions is Planned to be Created in Ukraine: the Draft Law

On 20.03.2023, the Verkhovna Rada of Ukraine adopted draft law No. 8392 of 27.01.2023, which provides for the creation of the State Register of Sanctions.

The purpose of creating the Register is to provide public access to up-to-date and reliable information about all subjects to whom personal sanctions have been applied in accordance with the Law of Ukraine “On Sanctions”. The data of the Register must be open and publicly accessible, except for cases provided by law.

In particular, it is planned to enter the following data in the Register:

  • grounds for applying, changing or canceling sanctions;
  • list of sanctions;
  • state bodies responsible for the implementation of decisions of the The National Security and Defense Council of Ukraine regarding the application, change or cancellation of sanctions;
  • list of persons to whom sanctions have been applied and information for their identification.

The Government Abolished Outdated Instruments as Part of the Deregulation of the Economy

As reported by the Ministry of Economy of Ukraine, in accordance with the recommendations of the Interdepartmental Working Group on the Issues of Accelerated Review of State Regulatory Instruments, the Cabinet of Ministers of Ukraine, by its decision approved at the meeting on 17.03.2023, abolished outdated instruments.

Thus, the Government’s decision canceled:

  • issuance of control stamps for distribution of copies of audiovisual works, phonograms, videograms, computer programs, and databases. This refers to holograms on CDs, without which retail sales of CDs were prohibited.
  • conclusion of a research organization on the technical impossibility of neutralizing and disposing of harmful substances, production waste, and wastewater.
  • the conclusion that the goods used to develop the production and consumption of biofuels are not produced and have no analogues in Ukraine.

Additionally, by its decision, the Government also transferred the powers to issue a certificate of an intellectual property representative (patent attorney) to the National Intellectual Property Authority (NIPA). The functions of NIPA are currently performed by the state enterprise “Ukrainian Institute of Intellectual Property” (Ukrpatent).

Let us please remind you that, until now, these powers belonged to the Ministry of Economy.