26 January 2008, 10:34
The Bill (Reg. No.1065) proposes to regulate the issue of language usage in preparing applications for Trademarks for goods and services, and, in particular, allow the applicants to also prepare their applications in Russian, in addition to the Ukrainian language.
However, Committee members noted that the Ukrainian language is the State language in Ukraine, pursuant to Clause 10 of The Constitution of Ukraine, and its comprehensive development and functioning are guaranteed by the State in all areas of public life within Ukraine. The Judgement of the Constitutional Court of Ukraine ( No.10-рп/99 of 14 December 1999) reads that, 'The Public spheres in which the State language is used, primarily embrace the spheres of fulfilment of their Authorities by Legislative, Executive and Judicial bodies, other State Authorities and Local Governments (language of Acts, Work, Record-keeping, Documentation, etc)'.
The issue in question, Committee members believe, belongs to such public spheres.
Clause 10 of The Constitution of Ukraine guarantees the free development, usage and protection of the Russian and other languages of National minorities within Ukraine. However the Bill gives preference to the Russian language only, saying nothing about the others, thus placing them in an unfair legal stance. This provision, as was stressed at the meeting, is in disagreement with Clause 24 of The Constitution of Ukraine vetoing any privileges or constraints based on linguistic characteristics.
The People's Deputies also drew attention to the provision in the Preamble to the European Charter of Regional or Minority Languages, which reads that, 'the protection and encouragement of Regional or Minority languages should not be to the detriment of the Official languages'. Instead, the passing of this Bill can lead to limitations in the sphere of using the State language, with regard to Protection of Rights for Trademarks for goods and services, which is in discrepancy with Clause 10 of The Verkhovna Rada of Ukraine, the above provision of The European Charter of Regional or Minority Languages, and The Law of Ukraine on the ratification thereof.