Commencement of an administrative case under Article 51-2 of the Code of Ukraine on Administrative Offenses

Commencement of an administrative case under Article 51-2 of the Code of Ukraine on Administrative Offenses

When to apply?

In the case of detection of the illegal use of the object of intellectual property rights (literary or artistic products, their performance, phonograms, broadcasting programs, computer programs, databases, scientific discoveries, inventions, utility models, industrial designs, marks for goods and services, integrated circuit topography, rationalization proposals, plant varieties, etc.), misappropriation of authorship to such an object or other intentional violation of rights to the object of intellectual property rights protected by law. Applies when the obvious (impossible to prove) damage is less than the considerable amount estimated (that is, twenty times more than the non-taxable minimum income of citizens).

What types of violations are covered?

Illegal use of the object of intellectual property rights (literary or artistic products, their performance, phonograms, broadcasting programs, computer programs, databases, scientific discoveries, inventions, utility models, industrial designs, marks for goods and services , integrated circuit topography, rationalization proposals, plant varieties, etc.), misappropriation of authorship to such an object or other intentional violation of rights to the object of intellectual property rights, protected by law.

What can be achieved?

Bringing to administrative responsibility entails the imposition of a fine of ten to two hundred tax-free minimum incomes of citizens (UAH 170 – 3400) with the confiscation of illegally manufactured products and equipment and materials that are intended for their manufacture.

What should be done?
  • Report the offender (if possible) together with the facts detected of illegal use of the intellectual property;
  • record a violation in a way that is recognized by the court (involving third parties with special expertise and experience);
  • prepare and file an appropriate statement on the commission of an administrative offense to the national police body of Ukraine;
  • take an active part in the investigation stage (national police bodies make a record) and court proceedings (district, city or city-district courts (judges) will consider the case and impose a fine).