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@ukrpatent.org