TK/GR Protection in Ukraine

1
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.

2
Facts

• Location Ukraine lies in southeastern Europe,
  north of the Black sea and Azof. Area of Ukraine
  is 603,700 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

3
International Agreements

• Convention on Biological Diversity (1992)
• Cartagena Protocol on Biosafety to the Convention
  on Biological Diversity (2000)
• Convention on the Protection and Promotion of 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)

4
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)

5
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,

6
International Agreements

• Framework Convention on the Protection and
  Sustainable 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.

7
International Agreements

• Protocol on Conservation and Sustainable Use 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.

8
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 field of
  tradition knowledge and genetic resources
  protection

9
Thank you for attention!

• Presentation prepared by
• Dmytro Pavlov, Head of Sector in the Patent
  Law Division of Ukrainian Industrial Property
  Institute (Ukrpatent)
• dmitry_pavlov_at_ukrpatent.org