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Legislative Implementation of Flexibilities - Ukraine

Title:Article 177 of the Criminal Code of 15/04/2001 (version of 2010)
Field of IP:Patents
Type of flexibility:Criminal sanctions for patent infringement
Summary table:PDF

Provisions of Law

Article 177. Violation of industrial property rights

1. Illegal use of an invention, utility model, industrial design, qualified description of product origin, topography of microelectronic integrated circuits, a variety of plants, where such actions caused a significant pecuniary loss, -

shall be punishable by a fine of 100 to 400 tax-free minimum incomes, or correctional labor for a term up to two years, with the forfeiture of illegally made products and the equipment and material designated for their production.

2. The same actions, if repeated or where they caused a specially significant pecuniary loss, shall be punishable by a fine of 200 to 800 tax-free minimum incomes, or correctional labor for a term up to two years, or imprisonment for a term up to two years, with the forfeiture of illegally made products and the equipment and material designated for their production.

Note: A significant pecuniary loss is caused, if its amount exceeds 100 tax-free minimum incomes; and an especially significant loss is caused, if its amount exceeds 1,000 tax-free minimum incomes.