   
  
IP/N/1/UKR/24  
IP/N/1/UKR/C/14  
 
1 May  2024 
(24-0574)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
UKRAINE : THE RESOLUTION OF CABINET OF MINISTERS OF UKRAINE NO 1312 "ON APPROVAL OF 
THE PROCEDURE FOR ACQUISITION AND LOSS OF THE STATUS OF ORPHAN WORKS, 
PHONOGRAMS, VIDEOGRAMS AND PERFORMANCES RECORDED THEREIN,  
CONDITIONS FOR THEIR AUTHORISED USE AND MAINTENANCE  
OF THE REGISTER" OF 15 DECEMBER, 2023  
Notifying Member  UKRAINE  
 
Details of the notified legal text  
 
Title The Resolution of Cabinet of Ministers of Ukraine No 1312 "On Approval of 
the Procedure for Acquisition and Loss of the Status of Orphan Works, 
Phonograms, Videograms and Performances Recorded Therein, Conditions 
for Their Authorised Use and Maintenance of the Register" of 
15 December,  2023  
Subject matter  Copyright and related rights  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2024/IP/UKR/24_01481_00_e.pdf  
https://ip -documents.info/2024/IP/UKR/24_01481_00_x.pdf  
Notification status  [X] First notification  
[  ] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  Not applicable  
Brief description of the notified legal text  
 
The Resolution approves the Procedure for acquisition and loss of the status of orphan works, 
phonograms, videograms and performances recorded therein, conditions for their authori zed use 
and maintenance of the register, which defines:  
 
- the institution t hat may initiate the granting of orphan works and (or) related rights status to 
copyright and (or) related rights objects and subsequently use orphan works and related rights 
objects;  
 
- the list of sources for conducting a proper search for copyright and (or) related rights holders 
before status to granting orphan works, phonograms, videograms and performances recorded 
therein;  
 IP/N/1/UKR/24 • IP/N/1/UKR/C/14  
 
- 2 - 
 
  - the list of measures need ing to be taken in case of identification of the subject of copyright 
and (or) related rights - to establish his/her location (place of residence) before granting orphan 
status to works, phonograms, videograms and performances recorded therein;  
 
- the procedure for filing and consideration of applications for granting orphan status to a work 
and/or phonogram, videogram and/or performance recorded therein and for losing orphan status to 
a work and/or phonogram, videogram and/or performance recorded there in; 
 
- the time-limits  for consideration of an application for the acquisition of orphan status by a 
work and/or phonogram, videogram and/or performance recorded therein, as well as an application 
for the loss of orphan status by a work and/or phonogram, v ideogram and/or performance recorded 
therein;  
 
- the peculiarities of filing applications in the form of a paper or electronic document;  
 
- issues related to the maintenance of the register of orphan works, in particular, the list of 
information to be reco rded into the register; and  
 
- regulat ion of  the procedure for submitting a wanted application and taking a decision to 
publish or refuse to publish based on the results of the consideration of the wanted application.  
 
Language(s) of 
notified legal text Ukrainian  
Entry into force  20 December 2023  
Other date   Adoption: 15 December 2023  
 
Notification details  
 
Submission date 
of notification  1 May 2024  
 
Other information  See also IP/N/1/UKR/C/10  
(Law of Ukraine No 2811 -IX "On Copyright and Related Rights")  
 
https://zakon.rada.gov.ua/laws/show/1312 -2023-%D0%BF#Text   
 
Agency or 
authority 
responsible  Ministry of Economy of Ukraine  
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.  