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News

18.11.2017
News, Ukraine, Germany/Europe, Russia

News from IP court UA

News from IP court Ukraine: creation of a specialised IP court


As part of a reform of the judicial system that is under way in Ukraine, a new specialist court has been established

– the “Higher Court for Intellectual Property Matters in Ukraine” (which has been given the provisional name of SCIPRU).

A corresponding Decree of the President of Ukraine of 29.09.2017 has initiated the setting up of this new judicial body comprising 21 judges (this is the number of vacancies that were advertised).

 

The new IP Court is to be located in Kiev. This judicial body will be the only court in Ukraine of first instance for all categories of cases associated with Intellectual Property matters (industrial ownership rights, copyright and unfair competition). It will also play the role of a Court of Appeal (of second instance), but as part of an expanded Collegium. The corresponding Chamber of the Ukrainian Supreme Court will serve as the cassation court (third instance).

 

In procedural terms, this branch of judicial authority will be governed by the Ukrainian Code of Economic Procedure, even if the parties are not juridical persons (exclusive jurisdiction). This is perhaps the most interesting and revolutionary aspect of this move – the concentration of all IP cases under one judicial body where judges who specialise solely in disputes of one kind will work.

 

The Profile Committee of the Association of Ukrainian Lawyers (AUL) has held a meeting to discuss the commencement of establishment of the Higher Court for Intellectual Property Matters.

On 1 November a professional discussion session was held to look at initiation of the process of setting up the Higher Court for Intellectual Property Matters. A round table was organised by the AUL Committee for Intellectual Property. Representatives of our Ukrainian office also took part in this event.

As has been mentioned above, on 29 September 2017 the Ukrainian President signed the Decree “On the formation of a Higher Court for Intellectual Property Matters”.

On 3 October the Supreme Council of Ukraine passed the new version of the Code of Economic Procedure, at the second reading and in full, in which, among other things, the procedure for dispute resolution at the still-to-be-created Specialist Court for Intellectual Property was registered.

Thus the process of setting up a specialist IP Court, which was envisaged in judicial reform back in the summer of 2016, has finally reached the practical plane.

The new court will comprise 21 judges. The period for submission of documents for participation in the tender will begin on 1 December 2017 and will last 15 days.

 

 

To acquire an understanding of what the sphere of protection of IP rights will offer, the AUL Intellectual Property Committee has decided to hold a professional meeting on the subject as outlined above to elucidate and discuss the process of establishment of the new Specialist Court and to explain how the system may be improved on the basis of experience gained in other countries.