The Bill (Reg. No. 1069) proposes to enable the author who is applying for registration of an integrated circuit topography to use Ukrainian of Russian language, and submit relevant information in the certificate in not only Ukrainian, but also in Russian language. The other Bill (Reg. No. 1070) proposes to enable the originator of the kind (a breeder), an employer or their assignees to submit an invention application and information about the applicant in not only Ukrainian, but also in Russian language.
However, pursuant to Article 10 of the Constitution of Ukraine, the Ukrainian language is the State language of Ukraine, and the State ensures the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the entire territory of Ukraine. According to the Resolution of the Constitutional Court of Ukraine (№10-reg. no.99 of 14 December 1999), "social spheres, where the State language is used, include the fields of authorities of legislative, executive and judicial bodies, other State bodies and local self-government bodies (language of acts, work, office work, documents etc)".
The Committee members believe that relations in the field of protection of title to the integrated circuit topographies and protection of title to the kinds of plants belong to the said social spheres where the State language is to be used.
Moreover, pursuant to Article 10 of the Constitution of Ukraine, "in Ukraine, the free development, use and protection of Russian, and other languages of national minorities of Ukraine, is guaranteed". However, the Bill envisages use of only Russian language and fails to mention the languages of other national minorities, which results in their unequal legal status. Such an approach fails to comply with Article 24 of the Constitution of Ukraine that qualifies benefits or restrictions on the grounds of language as illegitimate.
The Committee members also drew attention to the statement of the Preamble of The European Charter for Regional or Minority Languages, pursuant to which "protection and development of regional or minority languages should not hamper the use of official languages". However, adoption of the Bill can result into limited sphere of use of the State language in the field of protection of title to the integrated circuit topographies and protection of title to the kinds of plants.