عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد التمويل الأصول غير الملموسة المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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قانون أوكرانيا رقم 2953-3 المؤرخ 17 يناير 2002 بشأن خصائص التنظيم الحكومي لنشاط الجهات الاقتصادية المعنية بإنتاج وتصدير واستيراد الأقراص القابلة للقراءة بالليزر (على النحو المعدّل حتى 02 أغسطس 2005)، أوكرانيا

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التفاصيل التفاصيل سنة الإصدار 2005 تواريخ بدء النفاذ : 21 أبريل 2002 الاعتماد : 17 يناير 2002 نوع النص نصوص أخرى الموضوع حق المؤلف والحقوق المجاورة، هيئة تنظيمية للملكية الفكرية، مواضيع أخرى

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النصوص الرئيسية النصوص الرئيسية بالإنكليزية Law of Ukraine No. 2953-III of January 17, 2002, on the Specifics of State Regulation of Activities of Business Entities related to Production, Export, and Import of Disks for Laser Reading Systems, Matrices (as amended up to August 2, 2005)        
Law of Ukraine No. 2953-III of January 17, 2002, on the Specifics of State Regulation of Activities of Business Entities related to Production, Export, and Import of Disks for Laser Reading Systems, Matrices (as amended up to August 2, 2005)

THE LAW OF UKRAINE

No. 2953-III

of January 17, 2002

On the specifics of state regulation of activities of business entities related to production, export, and import of disks for laser reading systems, matrices

As amended and supplemented according to
the Law of Ukraine No. 2734-IV of July 6, 2005
(Throughout the text of the present Law, the words “a body duly appointed by the Cabinet of Ministers of Ukraine (hereinafter referred to as the licensing body)” and “the licensing body” [in all cases] were replaced with the words ”the central body of executive power in the sphere of intellectual property” [in respective cases]; after the words “disks for laser reading systems” the text was supplemented with the words “matrices” [in respective cases] with the exception of paragraphs four, nine of Article 1 of the present Law, according to the Law of Ukraine No. 2734-IV of July 6, 2005)
The present Law determines the specifics of state regulation of business activities related to production, export, and import of disks for laser reading systems, matrices.

Article 1. Definitions of terms

In the present Law, the terms shall be used in the following meanings:

producer of disks for laser reading systems, matrices is a business entity that carries out, in full or in part, the production of disks for laser reading systems, matrices;

production of disks is the activities, related to the use of technological process or processing of a raw material into optical carriers of information in the form of a disk for laser reading system, matrices, in the course of which process, simultaneously with the production of disks the recording of an information that is an object of copyright and/or related rights is performed thereon, or that without recording, as well as the activities related to sale of disks or matrices produced in-house;

(paragraph three of Article 1 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)

disk for laser reading systems is any optical disk for laser reading systems with a record of information thereon or the possibility of recording of an information that reflects objects of copyright and/or related rights, or that without a record of such an information;

license conditions are the list of requirements regarding the production, export, and import of disks for laser reading systems, matrices, as set forth in the present Law, and license conditions subject to approval according to the Law of Ukraine ”On Licensing of Certain Types of Economic Activity,” observance of which is legally binding for the producer, exporter, and importer of disks for laser reading systems, matrices, which obtained a relevant license;

(paragraph five of Article 1 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)

license is the document of the state-approved form that grants the right to undertake the type of business activity specified therein during the defined term, provided the license conditions are observed;

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license for export (import) is the duly executed right for export (import) of the equipment and raw materials for production of disks for laser reading system and matrices, which is issued for a foreign economic transaction by a certain business entity during the defined term;

(Article 1 was supplemented with the new paragraph seven according to the Law of Ukraine No. 2734-IV of July 6, 2005)

raw material is an optical polycarbonate used in the production of disks for laser reading systems and matrices;

(Article 1 was supplemented with the new paragraph eight according to the Law of Ukraine No. 2734-IV of July 6, 2005, in connection with this paragraphs seven to eleven shall be considered as paragraphs nine to thirteen, respectively)

licensed premises are any premises specified in the supplement to the license for production, export or import of disks for laser reading system and matrices, in which production, storage and/or sale of disks for laser reading system and matrices is carried out;

licensed equipment is the equipment specified in the supplement to the license for the production of disks for laser reading systems, matrices;

matrix [master CD, stamper] is a tangible object in the form of a stamper or other similar or analogous device that contains digital data and is used to transfer this data directly onto a disk in the process of its production;

illegal turnover of disks for laser reading systems, matrices, equipment, and raw materials for their production is the production, export, import, storage, sale, and movement on the territory of Ukraine of disks for laser reading systems, matrices, equipment, and raw materials for their production that do not comply with the requirements set forth in the present Law;

(paragraph twelve of Article 1 as amended according to the Law of Ukraine No. 2734-IV of July 6, 2005)

special identification code is the code that identifies the producer of these disks and is assigned by the body that issues the license for the production of disks for laser reading systems, matrices.

Article 2. Scope of the present Law and legislation regarding production, export, import of disks for laser reading systems, matrices

The present Law shall apply to business entities that carry out the production, export and import of disks for laser reading systems, matrices, as well as the export and import of the equipment and raw materials for their production, specified in Article 5 of the present Law.
Relations in the sphere of production, export, and import of disks for laser reading systems, matrices, and relations in the sphere of export, import of equipment and raw materials for their production shall be governed by the Constitution of Ukraine, the Laws of Ukraine ”On Copyright and Related Rights,”
”On Licensing of Certain Types of Economic Activity,” by the present Law? Other Laws of Ukraine in the part that do not contradict the present Law, and well as international agreements of Ukraine that came into force in the order established by law. In the case when the norms of the present Law contradict the rules of an international agreement of Ukraine, consent to the obligatoriness of which was given by the Verkhovna Rada of Ukraine, rules of the international agreement shall be applied.

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The present Law shall not apply to disks for laser reading systems that are not objects of export or import and that are:
imported or exported, sent in international postal and express shipments by natural persons in the number that do not exceed twenty copies;
imported or exported, sent in international postal and express shipments by legal entities for provision of business activities without the right for or without the aim of subsequent sale and distribution;
imported or exported with technical documentation as a part of equipment.
(part three of Article 2 was replaced with parts three and four according to the Law of Ukraine No. 2734-IV of July 6, 2005)

Article 3. Regulation of production of disks for laser reading systems, matrices

1. The production of disks for laser reading systems, matrices shall be carried by business entities only subject to the availability in them of a license to undertake such activities and provided the license conditions set forth by the present Law and license conditions, approval of which is envisaged by the Law of Ukraine “On Licensing of Certain Types of Economic Activity,” are observed.
The licensing of the production of disks for laser reading systems, matrices shall be carried out by the central body of executive power in the sphere of intellectual property, according to the present Law and the Law of Ukraine “On Licensing of Certain Types of Economic Activity.”
2. The central body of executive power in the sphere of intellectual property shall assign a special identification code to the applicant (producer) and state it in the license.
3. A license for the production of disks for laser reading systems, matrices shall be issued to a business entity that complied with the requirements of Article 10 of the Law of Ukraine “On Licensing of Certain Types of Economic Activity” and submitted to the central body of executive power in the sphere of intellectual property the documentary evidence of the following:
own or leased production equipment (designation and number of available production lines);
own or leased production premises and storage facilities.
4. The license for the production disks for laser reading systems, matrices shall be issued by the central body by of executive power in the sphere of intellectual property for the term of three years.
5. The central body of executive power in the sphere of intellectual property shall make a decision regarding issue or refusal of the issue of the license pursuant to the procedure and on the grounds set forth in Article 11 of the Law of Ukraine ”On Licensing of Certain Types of Economic Activity” and taking into consideration the specifics of the present Law.

Article 4. Requirements for activities on production of disks for laser reading systems, matrices

(license conditions)

1. A producer that was issued the license for the production of disks shall be obliged to: (i) produce disks using only licensed equipment and on licensed premises;

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(ii) affix a special identification code to each producer disk for laser reading systems, matrix with a record of information in accordance with the present Law and for every produced disk for laser reading systems, matrix without any record of information – affix the code to it of the die mold from which it was produced;
(item (ii) of part one of Article 4 as amended according to the Law of Ukraine No. 2734-IV of July 6, 2005)
(iii) provide technological capacities for affixation of the identification code to disks for laser reading systems, matrices with licensed equipment;
(iv) notify the central body of executive power in the sphere of intellectual property about any changes that took place in relation to the information specified in the license and the supplement thereto within three working days from the date of such changes;
(v) produce disks for laser reading systems, matrices, which contain objects of copyright and/or related rights, only subject to the availability of permission of the persons that own the copyright or related rights;
(vi) keep record of the production of disks for laser reading systems, matrices, as well as purchases, storage and use of raw materials for their production;
(v) store accounting document pertaining to the production of disks for laser reading systems, matrices during a term specified by the legislation, and provide two compulsory free copies of produced disks for laser reading systems with information recorded thereon for the specially designated body on issues of licensing, which shall store them during three years as according to the provisions of the Law of Ukraine ”On the Compulsory Copy of Documents.”
(vi) the procedure for the provision, storage, and issue of copies of disks for laser reading systems, matrices shall be approved by the Cabinet of Ministers of Ukraine.
(item (vi) of part one of Article 4 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)
(vii) provide officials of the central body of executive power in the sphere of intellectual property, during carrying out inspections, in the presence of the manager or business entity or the person authorised by him, with documents relating to the subject being inspected, provide access to licensed premises, and ensure adequate conditions for inspections.
2. The production of disks for laser reading systems, matrices to orders of other persons, including the production using a give-and-tale raw material, shall be carried with observance of the provisions of the present Law.
In the case of a written inquiry by subjects of copyright and/or related rights, the central body of executive power in the sphere of intellectual property shall be obliged to provide a written response to the inquiry concerning the production, export, and import of disks for laser reading systems, matrices, which contain respective objects of copyright and/or related rights.

Article 5. Regulation of export, import of disks for laser reading systems, matrices, as well as equipment and raw materials for their production

1. According to the present Law and the Law of Ukraine ”On Licensing of Certain Types of Economic Activity,” the export/import of disks for laser reading systems, matrices shall be subject to licensing.

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According to the present Law and the Law of Ukraine “On Foreign Economic Activity” export/import of major components of specialized equipment for the production of disks for laser reading systems, matrices, the list of which is approved by the Cabinet of Ministers of Ukraine (hereinafter referred to as the equipment), and raw materials for their production shall be subject to licensing.
(part one of Article 5 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)
2. The export, import of disks for laser reading systems, matrices, equipment, and raw materials for their production without the license shall be prohibited.
3. The licensing of the export, import of disks for laser reading systems, matrices, equipment, and raw materials for their production shall be carried out by the central body of executive power on issues of economy according to the present Law, Law of Ukraine ”On Licensing of Certain Types of Economic Activity,” and the Law of Ukraine “On Foreign Economic Activity.”
(part three of Article 5 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)
4. A license for the export/import of disks for laser reading systems, matrices shall be issued to a business entity that complied with the requirements of Article 10 of the Law of Ukraine “On Licensing of Certain Types of Economic Activity” and submitted to the central body of executive power in the sphere of intellectual property the documentary evidence of the availability of the following:
own or leased warehouse facilities;
own or leased premises, in which bulk or retain sale of disks for laser reading systems, matrices will be carried out (regarding the license for import of disks, matrices).
The license for the export/import of disks for laser reading systems, matrices shall be issued for the term of three years.
A license for the export/import of disks for laser reading systems, matrices shall be issued to a business entity subject to the availability of a foreign trade contract (agreement).
(part four of Article 5 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)
5. The export of disks for laser reading systems, matrices shall be carried out only subject to the availability of special identification codes on them. Import of disks for laser reading systems, matrices shall be carried out only subject to the availability of special identification codes on them.
(part five of Article 5 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)
6. A copy of the license for the export, import of disks for laser reading systems, matrices, equipment or raw material for their production with the documents submitted to obtain the license, shall be stored by the central body of executive power on issues of economy during three years.
(part six of Article 5 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)

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Article 6. Control over production, export/import of disks for laser reading systems, matrices

1. Control over the production of disks for laser reading systems, matrices shall be exercised by the central body of executive power in the sphere of intellectual property and other bodies of state power within the scope of their respective authorities.
Control over the export/import of disks for laser reading systems, matrices shall be exercised by the central body of executive power on issues of economy, the central body of executive power in the sphere of intellectual property, bodies of the specially designated central body of executive power in the field of customs affairs and other bodies of state power within the scope of their respective authorities.
State control over the observance of the requirements of the present Law regarding the production of disks for laser reading systems, matrices shall be exercised by the specially designated body on issues of licensing, the central body of executive power in the sphere of intellectual property by means of carrying out of scheduled and unscheduled inspections in the cases specified by law.
State control over the observance of the requirements of the present Law regarding the production of disks for laser reading systems, matrices shall be exercised by the central body of executive power on issues of economy, the central body of executive power in the sphere of intellectual property, bodies of the specially designated central body of executive power in the field of customs affairs by means of the provision of monthly monitoring of information pertaining to issued licenses and actual volumes of shipments of the produce under the licenses for the export/import of disks for laser reading systems, matrices.
State control over the observance of the legislation in the sphere of intellectual property, including that in the sphere of the production, export/import of disks for laser reading systems, matrices shall be exercised by state inspectors on issues of intellectual property.
State inspectors on issues of intellectual property shall be entitled to the right to engage representative of the control bodies, specified in paragraph one of part one of this Article, to carry out the inspections.
Authorities of state inspectors on issues of intellectual property and the procedure for carrying out the inspections by them shall be determined by the Cabinet of Ministers of Ukraine.
2. Scheduled inspections shall be carried out by the body that issued the respective license and occur no more than one time per year, with serving the preliminary (five days in advance) notice to the business entity about it.
Unscheduled (unannounced) inspections shall be carried out without serving the preliminary notice with the aim of exercising control over the following:
availability of the license in the producer of disks for laser reading systems, matrices;
observance of the license conditions, specified in Article 4 and part four of Article 5 of the present
Law;
fulfilment of instructions to eliminate breaches of the license conditions;
stopping of breaches of the license conditions in a documentary evidence of a breach of these conditions is available.

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Unscheduled (unannounced) inspections shall be also carried out without serving the preliminary notice in the case of a written complaint by the persons that own the copyright and/or related right on the occasion of a violation of their rights.
Inspections may be carried out in the presence of the persons that own the copyright and/or related right or representatives of these persons.
3. A business entity shall be entitled to the right to appeal actions of control bodies to a court of law. (Article 6 as set out in the wording
of the Law of Ukraine No. 2734-IV of July 6, 2005)

Article 7. Rights and obligations of bodies of state control

The central body of executive power in the sphere of intellectual property shall exercise the authorities, vested in it under the present Law and the Law of Ukraine ”On Licensing of Certain Types of Business Activity”.
In the course of an inspection the central body of executive power shall be entitled to the right to:
have access to licensed premises and to documents with the aim of performing of control functions and, if a breach is detected, seize the documents related to this breach with the mandatory leaving of copies of these documents;
make decisions regarding the elimination of breaches of the license conditions by the producer of disks for laser reading systems, matrices and regarding the temporary termination of the validity of the licence;
(paragraph three of part two of Article 7 as amended according to the Law of Ukraine No. 2734-IV of July 6, 2005)
examine licensed premises, licensed equipment, as well as disks for laser reading systems, matrices in the presence of the producer, exporter or importer, respectfully, with the aim of the verification the observance of the requirements of the present Law by them;
seal and/or seize disks for laser reading systems, matrices that were produced with a breach of the requirements of the present Law, the raw materials, equipment for their production for the period of consideration of the issue in a court of law.
(part two of Article 7 was supplemented with paragraph five according to the Law of Ukraine No. 2734-IV of July 6, 2005)

Article 8. Liability for breach of the present Law

1. The financial sanctions in the form of fines shall be levied onto business entities found to have breached the requirements of the present Law, specifically, in the case of:
carrying out business activity on the production of disks for laser reading systems, matrices without the license – 200 per cent of the value of the produced production, but not less than 5,000 non-taxable minimum incomes of citizens;
production of disks for laser reading systems, matrices without affixation of special identification codes – 200 per cent of the value of the produced production, but not less than 3,000 non-taxable minimum incomes of citizens;

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production of disks for laser reading systems, matrices without permission of the persons that own the copyright and/or related rights – 200 per cent of the cost of the produced production, but not less than
3,000 non-taxable minimum incomes of citizens;
export, import of for laser reading systems, matrices without the license available – 200 per cent of the cost of the imported or exported production, but not less than 3,000 non-taxable minimum incomes of citizens;
non-observance of the requirements of the present Law pertaining to the provision of the technological capacities for affixation of special identification codes – 5,000 non-taxable minimum incomes of citizens.
(paragraph six of part one of Article 8 as amended according to the Law of Ukraine No. 2734-IV of July 6, 2005)
The producer and the customer that ordered the respective production shall assume responsibility for the correct execution of contracts and utilisation of copyright and/or related rights for the production of the produce.
2. In the case of repeated breach of the license conditions for the duration of the license, the financial sanctions envisaged by part one of this Article, shall be levied on the business entity at fault at the double rate.
3. Sanctions envisaged by this Article shall be levied by the central body of executive power in the sphere of intellectual property. The fines specified shall be transferred to the state budget of Ukraine.
4. The financial sanctions, levied under this Article, shall be paid within 15 calendar days following the date of receipt of the relevant decision by the business entity at issue.
5. Disk for laser reading systems, matrices produced, imported or exported in breach of the present Law, as well as the equipment and raw materials imported in breach of the present Law, shall be seized until the issue is settled in a court of law.
6. Earnings resulting from the activities in breach of the requirements of the present Law, shall be withheld judicially and credited to the state budget of Ukraine.

Article 9. Special measures to stop breaches of requirements for production, export/import of disks for laser reading systems, matrices

1. In order to stop breaches of the present Law pertaining to the production of disks for laser reading systems, matrices, the following special measures may be undertaken additionally by the central body of executive power in the sphere of intellectual property:
(1) restrictions on and temporary prohibition of business entities in the case of its non-compliance with the requirements of the present Law;
(2) annulment of the license for the production of disks for laser reading systems, matrices in the case of repeated breach of the license conditions, specified in Article 4 of the present Law. The producer may be issued a new license for the respected type of business activity not earlier than five years from the date of making decision about annulment of the previous license by the central body of executive power in the sphere of intellectual property;
(3) temporary termination of the validity of the license for the production of disks for laser reading systems, matrices in the case of detection of breaches committed by the producer that refuses to fulfil

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of does not fulfil the instructions of the central body executive power in the sphere of intellectual property pertaining to stopping of the breach within one month from the day of its detection;
(4) sealing and/or seizure of disks for laser reading systems, matrices, produced in a breach of the present Law, as well as those of the equipment and raw materials that do not comply with the requirements set forth in the present Law.
2. A license for the production of disks for laser reading systems, matrices shall be considered temporarily terminated or annulled from the date of making of the respective decision by the central body of executive power in the sphere of intellectual property.
3. Special measures envisaged by items (1) to (3) of part one of this Article shall be applied as resolved by the central body of executive power in the sphere of intellectual property.
4. Special measures envisaged by item (4) of part one of this Article shall be applied in the order established in Article 91 of the present Law.
(Article 9 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)
5. In order to stop breaches of the present Law pertaining to the export/import of disks for laser reading systems, matrices, equipment and raw materials for their production or in the case of a change in any information, specified in the license for the export/import of disks for laser reading systems, matrices, equipment and raw materials for their production, the central body of executive power shall annul the license and, in order to apply the measures envisaged in part one of this Article, makes the relevant request to the central body of executive power in the sphere of intellectual property.
It shall be allowed to obtain a new license for the export/import of disks for laser reading systems, matrices, equipment and raw materials for their production:
within ten working days from the date of written request of a subject of business activity – in the case of a change in any information, specified in the license;
not earlier than in five years from the date of making a decision by the central body of executive power on issues of economy – in the case of a breach of the requirements of the present Law.
In the case of a change in any information, specified in the license for the export/import of disks for laser reading systems, matrices, the exporter/importer shall be obliged to get such a license reissued in accordance with the order, established by the Law of Ukraine “On Licensing of Certain Types of Economic Activity.”
6. Any annulment of the license for the export/import of disks for laser reading systems, matrices, equipment and raw materials for their production shall be notified in writing to the specially designated body of executive power in the field of customs affairs.
(Article 9 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)

Article 91. Procedure for seizure of disks for laser reading systems, matrices, equipment and raw materials for their production

Seizure of disks for laser reading systems, matrices that were produced in breach of the requirements of the present Law, as well as of the equipment and raw materials for their production that do not comply with the requirements set forth in the present Law, envisaged in item (4) of part one of Article
9 of the present Law, shall be carried out by officials of the central body of executive power in the

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sphere of intellectual property with engagement, in the case of necessity, of representatives of bodies of the Ministry for Internal Affairs of Ukraine.
The whole batch of disks for laser reading systems, matrices produced, imported or intended for export, equipment and raw materials for their production that do not comply with the requirements of the present Law shall be subject to seizure.
A statement of the case shall be drawn up on the basis of results of the seizure, one copy thereof shall be issued to the respective business entity, whereas the second copy thereof shall be stored by the central body of executive power in the sphere of intellectual property.
The disks for laser reading systems, matrices, the equipment and raw materials for their production that were seized from the respective business entity shall be packed and sealed at the site of the seizure.
The disks for laser reading systems, matrices, the equipment and raw materials for their production that were seized may be left with the respective business entity, which in this case shall bear the responsibility for the provision of its reliable storage in detached premises, which shall be sealed by an official of the central body of executive power in the sphere of intellectual property.
The seizure, packing and transportation of disks for laser reading systems, matrices, the equipment and raw materials for their production shall be carried out at the expense of the business entity from which such a seizure was carried out.
(Article 91 as set out in the wording of the Law of Ukraine No. 2734-IV of July 6, 2005)

Article 10. Final Provisions

1. The present Law shall come into force in sixty calendar days from the date of its publication.
Within one calendar month from the date of coming into force of the present Law, business entities that were registered and were operating prior to the coming into force of the present Law shall carry out their activity on the production, export, import of disks for laser reading systems, matrices, the export, import of equipment and raw materials for their production in the order, which was in effect before the coming into force of the present Law.
2. The following amendments shall be made to legislative acts of Ukraine:
(1) Article 16 of the Law of Ukraine ”On Foreign Economic Activity” (959-12; Vidomosti Verkhovnoyi Rady URSR (Official bulletin of the Verkhovna Rada (Parliament) of the Ukrainian Soviet Socialist Republic), 1991, No. 29, p. 377; Vidomosti Verkhovnoyi Rady Ukrayiny (Official bulletin of the Verkhovna Rada (Parliament) of Ukraine), 1999, No. 7, p. 49; 2000, No. 24, p. 186; No. 38, p. 318) shall be supplemented with the part stated as follows:
”The licensing of the export and import of disks for laser reading systems, matrices, equipment and raw materials for their production shall be carried out in accordance with the Law of Ukraine ”On the Specifics of State Regulation of Activities of Business Entities Related to Production, Export, and Import of Disks for Laser Reading Systems, Matrices”;
(2) the Code of Ukraine on Administrative Offences (Vidomosti Verkhovnoyi Rady URSR, 1984, Supplement to No. 51, p. 1122) shall be supplemented with Article 16413 stated as follows:
”Article 16413. Breach of legislation regulating production, export, and import of disks for laser reading systems, matrices, export, import of equipment or raw materials for their production

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“Breach of legislation regulating the production, export, and import of disks for laser reading systems, matrices, the import and export of equipment or raw materials for their production shall entail:
“levying of the fines in the amount of twenty to two hundred non-taxable minimum incomes of citizens ”;
in Article 221 and part one of Article 294, the figures ”1645 - 16412” shall be replaced with the figures
”1645 - 16413”;
Part one of Article 255 shall be supplemented with item (10) stated as follows:
”(10) state inspectors on issues of intellectual property (Articles 512; 1649; 16413)”;
(3) the Criminal Code of Ukraine shall be supplemented with Article 2031 stated as follows: “Article 2031. Breach of legislation regulating production, export, and import of disks for laser
reading systems, matrices, export, import of equipment or raw materials for their production
”Breach of legislation regulating the production, export, and import of disks for laser reading systems, matrices, the import and export of equipment or raw materials for their production, if such actions are committed on a grand scale shall entail a restraint of for the term of up to five years.
”Note: A grand scale shall be understood as the value of disks for laser reading systems, matrices, equipment and raw materials for their production that exceeds the non-taxable minimum incomes of citizens by 3,000 times and more”;
(4) part two of Article 112 of the Criminal Procedural Code of Ukraine after the words and figures
”with part two of Article 203” shall be supplemented with the words and figures ”[and with] Article
2031";
(5) in the Law of Ukraine ”On Licensing of Certain Types of Economic Activity” (Vidomosti Verkhovnoyi Rady Ukrayiny, 2000, No. 36, p. 299; No. 45, p. 377; 2001, No. 11, p. 45; No. 16, p. 76; No. 22, p. 105; No. 49, p. 259), as amended according to the Law of Ukraine of 04.10.2001 No. 2745- III and No. 2759-III),
part one, of Article 5 shall be supplemented with the paragraph stated as follows: “carries out control over the availability of the license”;
Article 9 shall be amended with items (62) and (63) stated as follows:
”(62) the production of disk for laser reading systems, matrices;
(63) the export, import of equipment and disks for laser reading systems, matrices”;
part three of Article 13 shall be supplemented with the paragraph stated as follows:
”the availability of the supplement (specifying the number of pages)”;
Article 20, after part 6, shall be supplemented with the new part stated as follows:
”Control over the availability of licenses in business entities shall be exercised by the specially designated body on issues of licensing and other bodies of executive power within the scope of their respective authorities by means of carrying out of scheduled and unscheduled inspections”.

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in connection with this, parts seven to fourteen shall be considered as parts eight to fifteen, respectfully;
part one of Article 21 shall be supplemented with the paragraph stated as follows:
”the statement attesting to the licensee's refusal of an inspection by the central body of executive power in the sphere of intellectual property or by the specially designated body on issues of licensing”;
(6) part one of Article 8 of the Law of Ukraine ”On the Compulsory Copy of Documents” (Vidomosti Verkhovnoyi Rady Ukrayiny, 1999, No. 22-23, p. 199), shall be supplemented with item (8) stated as follows:
"(8) two compulsory free copies of each of produced disks for laser reading systems and matrices with information recorded thereon for the specially designated body on issues of licensing ".
3. The Cabinet of Ministers of Ukraine shall, within sixty days from the date of publication of the present Law:
– work out the procedure for turnover of disks for laser reading systems, matrices that were produced or imported before the coming into force of the present Law;
– ensure the enactment legal and regulatory acts, envisaged by the present Law;
within two months from the date of approval of the present Law:
– bring its legal and regulatory acts into conformity with the present Law;
– ensure bringing of legal and regulatory acts of central bodies of executive power into conformity with the present Law;
– submit the Draft Bill regarding bringing Laws of Ukraine into conformity with the present Law for consideration of the Verkhovna Rada of Ukraine.

The President of Ukraine Leonid Kuchma

The city of Kyiv, January 17, 2002

No. 2953-III


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