Statement of the American Chamber of Commerce in Ukraine on Draft Laws #5419 and #5699 on intellectual property rights

The American Chamber of Commerce in Ukraine (Chamber) is guided by transparency, integrity and consensus in our decision-making process. With the start of the business season, the Verkhovna Rada of Ukraine has resumed its legislative activities. Thus, we would like to draw attention to the Chamber position regarding Draft Law #5419.

On July 10, 2017, during the Chamber IPR Committee meeting, representatives from Member Companies discussed Draft Laws #5419 and #5699 in the context of exhaustion of intellectual property rights. Both Draft Laws contain conceptually different approaches that exist in various countries across the globe – national and international approaches. During the discussion, Chamber Members voiced their arguments and concerns; however, one position on the Draft Laws was not accepted.

We also would like to draw attention that the minutes of the Verkhovna Rada Committee on Science and Education held on February 8, 2017 in relation to Draft Law #5419 erroneously state that “the business community of the American Chamber of Commerce supports this draft law”. This statement is not accurate given that the Chamber has not yet formed a view on Draft Law #5419 and nor has the business community within the Chamber reached a consensus view. The Chamber has not yet issued an official position paper on any of these Draft Laws.