"Amendments to several legislative acts of Ukraine on strengthening the protection of intellectual property rights" Already on 2023 years 4 month 15 Effective from today, The amendment has implications for a number of intellectual property-related laws as well "Civil procedure law" and "Commercial code" modified. The Act is aimed at implementing certain provisions of the relevant agreements between Ukraine and the EU "European Union Regulation 2004/48/EC Number instruction" Relevant provisions of.

Remedy measures for intellectual property infringement

At present, The act provides, Remedies such as the removal and destruction of counterfeit goods from public circulation, as well as materials and tools used to make them, must be paid for by the infringer. It had not been clear which party should bear the costs.

The bill also introduces alternative relief in the form of one-off cash compensation, Only if the infringement is unintentional, And where the application of such remedies is disproportionate to the damage caused by the infringement, May be used at the request of the defendant. The implementation of alternative remedies and the amount of one-time cash compensation will be determined by the court.

If the court issues such an order at the plaintiff's request, Then information about intellectual property infringement and corresponding court decisions can now be published in the media or otherwise disseminated, The cost shall be borne by the infringer.

Compensation for losses caused by intellectual property infringement

Although the damage caused by infringement of intellectual property rights can only be recovered by means of compensation for economic damage or loss of profits, But now the revised intellectual property law also provides for the form of lump-sum compensation, Where it is difficult to prove the loss of profits caused by the infringement or the unfair profits made by the infringer, This could be an alternative. The amount of the lump-sum compensation shall not be less than the amount paid for the license to use the corresponding intellectual property rights. now, Compensation for moral damage can also be used as compensation for non-material damage, Such as the violation of moral rights.

Additional procedural means of collecting evidence in infringement cases

The court can now order the alleged infringer at the request of either party (Or deemed to be offered for commercial purposes, receive, Sum of ownership／Or any other person who uses infringing goods or provides infringing services, Or participate in production, A person who manufactures and distributes infringing goods or services) Provide information on the origin and distribution networks of goods.

About use in trademarks "Ukraine" One word

According to the amendment, Use of the country name of Ukraine in trademarks "Ukraine" , International country code "UA/UKR" The authorization of the State emblem of Ukraine now falls under the jurisdiction of a special collegial body set up by the Intellectual Property Office of Ukraine. (Be compiled from www. petosevic. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng

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