RE: Law of Ukraine "On Advertising"

On 11 July 2003, the Verkhovna Rada of Ukraine passed the Law of Ukraine "On Advertising". MPs have positively voted for an amendment to Article 6 to be incorporated into the language of the bill, according to which advertising is disseminated in the territory of Ukraine solely in Ukrainian language. Foreign trademarks (logos) in the original language must be duplicated in Ukrainian in such a way that the appearance of the trademark (logo) in Ukrainian is of the same size, color, and style as its appearance in the foreign language. Next to the trademark (logo) in the foreign language, information on the address of the headquarters of the company-owner of the trademark, year of registration of the company-owner, and information concerning products (works, services) offered under the trademark (logo) must be placed.

Such formulation of Article 6 of the Law of Ukraine "On Advertising" violates the Paris Convention for Protection of Industrial Property, as Article 6quinquies (p. A(1)) provides that each trademark, properly registered in the country of origin, must be protected in the other countries of the Union, as it is.

The adopted norm also contradicts the declared in the Law of Ukraine "On Protection of Rights for Trademarks" exclusive right of the owners of certificates to use the registered mark for goods and services at their discretion, including in advertising.

The new wording of Article 6 of the Law of Ukraine "On Advertising" contains vague formulation - "duplication" of foreign trademark in Ukrainian. What did the legislator imply by this - translation or transliteration? In addition, most of the marks for goods and services are made-up, creative or imaginary words that may not have an equivalent for translation into Ukrainian.

Ukrainian Trademark Association (UTA) serves its Members by protecting their rights and interests in the sphere of intellectual property. UTA members include famous in Ukraine and abroad trademark owners. After the new formulation of Article 6 has been incorporated into the language of the bill, UTA constantly receives letters and remarks from its Members, who are deeply concerned with the above stated changes.

On behalf of our Members, Ukrainian Trademark Association believes that the President of Ukraine should not sign the new Law of Ukraine "On Advertising" due to its inconformity with the existing legislation of Ukraine as well as international norms and conventions in the area of intellectual property.

The said formulation of the Law of Ukraine "On Advertising" will form a negative international image of our country. The international community will claim that Ukraine refuses to comply with the TRIPS Agreement, the Paris Convention for Protection of Industrial Property, and other international norms.

Enclosed please find the list of UTA Members, whose opinion we hereby express. We respectfully request that you consider our position regarding this issue.

Executive Director A.V.Kurzin