TK/GR Protection in Ukraine

 Ukraine is the second largest country in Europe.

Until 1991 it was a part of Soviet Union. Capital city
of Ukraine is Kiev.
Facts
 Location: Ukraine lies in southeastern Europe, north
of the Black sea and Azof. Area of Ukraine is 603,70
0 square kilometers.
 Total Area: 603,500 square kilometers
 Population: 45.9 millions
 Population per sq. km: 77.3
 Indigenous nations: Ukrainians and Crimean Tatars.
 Main ethnic groups: 5-6 ethnic groups of Ukrainians
and 3 ethnic groups of Crimean Tatars.
 Language: Ukrainian, Russian
International Agreements
 Convention on Biological Diversity (1992);
 Cartagena Protocol on Biosafety to the Conve
ntion on Biological Diversity (2000);
 Convention on the Protection and Promotion o
f the Diversity of Cultural Expressions (2005);
 Framework Convention on the Protection and
Sustainable Development of the Carpathians
(2003);
 Protocol on Conservation and Sustainable Use
of Biological and Landscape Diversity (2008);
International Agreements
 Convention on Biological Diversity
Deals with:
- conservation of biological diversity (Arts. 6-
9);
- sustainable use of its components (Art. 10);
- fair and equitable sharing of benefits arising
from genetic resources (Art. 15)
International Agreements
 Convention on the Protection and Promotion
of the Diversity of Cultural Expressions
Preamble:
“… Recognizing the importance of traditional
knowledge as a source of intangible and material
wealth, and in particular the knowledge systems of
indigenous peoples, and its positive contribution to
sustainable development, as well as the need for its
adequate protection and promotion, …”
International Agreements
 Framework Convention on the Protection and Sustain
able Development of the Carpathians
Preamble: “…ACKNOWLEDGING the contribution of the local
people to sustainable social, cultural and economic
development, and to preserving traditional knowledge in the
Carpathians; …”
Art. 11: “The Parties shall pursue policies aiming at preservation
and promotion of the cultural heritage and of traditional
knowledge of the local people, crafting and marketing of local
goods, arts and handicrafts. The Parties shall aim at
preserving the traditional architecture, land-use patterns, local
breeds of domestic animals and cultivated plant varieties, and
sustainable use of wild plants in the Carpathians.”
International Agreements
 Protocol on Conservation and Sustainable Us
e of Biological and Landscape Diversity
Art. 23: “When implementing this Protocol, the
Parties shall take measures for the preservation
and promotion of the traditional knowledge, in
particular the sustainable land-use patterns, land
resource management practices, local breeds of
domestic animals and cultivated plant varieties, and
sustainable use of wild plants.”
Conclusions
 Legislation on TK/GR in Ukraine is
fragmentary and non-system;
 Some international agreements;
 Lack of national legislation;
 Ukraine takes only first steps on the fiel
d of tradition knowledge and genetic r
esources protection
Thank you for attention!
 Presentation prepared by

Dmytro Pavlov, Head of Sector in the Patent Law Divi

sion of Ukrainian Industrial Property Institute (Ukrpat
ent)
dmitry_pavlov@ukrpatent.org