Liability for copyright infringement
CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES
Article 51-2. Violation of rights to the object of intellectual property rights
Illegal use of an object of intellectual property rights (literary or artistic work, their performance, phonogram, broadcasting organization transmission, computer program, database, scientific discovery, invention, utility model, industrial design, sign for goods and services, topography of integral microcircuit, innovative proposal, plant variety, etc.), appropriation of authorship of such an object or other intentional violation of rights to an object of intellectual property rights protected by law, -
entails the imposition of a fine from ten to two hundred tax-free minimum incomes of citizens with the confiscation of illegally manufactured products and equipment and materials intended for their production.
{The Code was supplemented by Article 51-2 in accordance with the Law N 4042-12 dated 25.02.94, as amended by Law N 55/97-ВР dated 07.02.97, as amended by the Law N 2362-III (2362-14) від 05.04.2001}
Article 176. Violation of copyright and related rights
1. Illegal reproduction, distribution of works of science, literature and art, computer programs and databases, as well as illegal reproduction, distribution of performances, phonograms, videograms and broadcast programs, their illegal duplication and distribution on audio and video cassettes, diskettes, other information carriers, or other intentional violation of copyright and related rights, if this caused material damage in a significant amount, -
shall be punished by a fine from two hundred to one thousand non-taxable minimum incomes of citizens or by corrective labor for a term of up to two years, or by deprivation of liberty for the same term, with confiscation and destruction of all copies of works, material carriers of computer programs, databases, performances, phonograms, videograms , broadcast programs and tools and materials that were specially used for their manufacture.
2. The same actions, if they are committed repeatedly, or with a prior conspiracy by a group of persons, or cause material damage in a large amount, -
shall be punished by a fine from one thousand to two thousand non-taxable minimum incomes of citizens or by corrective labor for a term of up to two years, or by imprisonment for a term from two to five years, with the confiscation and destruction of all copies of works, material carriers of computer programs, databases , performances, phonograms, videograms, broadcast programs and tools and materials that were specially used for their production.
3. Actions provided for in parts one or two of this article, committed by an official using his official position or by an organized group, or if they caused material damage in a particularly large amount, -
shall be punished by a fine of two thousand to three thousand non-taxable minimum incomes of citizens or imprisonment for a period of three to six years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without such and with confiscation and destruction of all copies of works, material carriers of computer programs, databases, performances, phonograms, videograms, broadcast programs and tools and materials that were specially used for their production.
Note. In Articles 176 and 177 of this Code, material damage is considered to be caused in a significant amount, if its amount is twenty or more times higher than the tax-free minimum income of citizens, in a large amount - if its amount is two hundred or more times higher than the tax-free minimum income of citizens, and caused in especially large - if its size exceeds the tax-free minimum income of citizens by a thousand or more times.
{Article 176 in the version of Law N 850-IV (850-15) from
22.05.2003; as amended by Laws N 3423-IV
( 3423-15 ) from 09.02.2006, N 1111-V ( 1111-16 ) from 31.05.2007}
Article 177. Violation of rights to an invention, utility model, industrial design, topography of an integrated microcircuit, plant variety, innovative proposal
1. Illegal use of an invention, utility model, industrial design, topography of an integrated microcircuit, plant variety, innovative proposal, appropriation of authorship over them, or other intentional violation of the right to these objects, if this caused material damage in a significant amount, -
shall be punished by a fine from two hundred to one thousand tax-free minimum incomes of citizens or by corrective labor for a term of up to two years, or by imprisonment for the same term, with confiscation and destruction of the corresponding products and tools and materials that were specially used for their production.
2. The same actions, if they are committed repeatedly, or with a prior conspiracy by a group of persons, or cause material damage in a large amount, -
shall be punished by a fine from one thousand to two thousand non-taxable minimum incomes of citizens or by corrective labor for a term of up to two years, or by imprisonment for a term from two to five years, with confiscation and destruction of the corresponding products and tools and materials that were specially used for their production .
3. Actions provided for in parts one or two of this article, committed by an official using his official position or by an organized group, or if they caused material damage in a particularly large amount, -
shall be punished by a fine of two thousand to three thousand non-taxable minimum incomes of citizens or imprisonment for a period of three to six years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without such and with confiscation and destruction of the relevant products and tools and materials that were specially used for its manufacture.
{Article 177 in the version of Law N 850-IV (850-15) dated
22.05.2003; as amended by Laws N 3423-IV
( 3423-15 ) від 09.02.2006, N 1111-V ( 1111-16 ) від 31.05.2007}
LAW OF UKRAINE ON COPYRIGHT AND RELATED RIGHTS
