Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Administrative and Legal Principles of Activity of IP-Court: Foreign Experience and Implementation in Ukraine

Author(s): Oleg Reznik, Andrii Fomenko, Oleksandr Mykolenko, Serhii Denysenko, Daria Kibets-Pashutina

The authors identify the legal framework and features of the functioning of IP courts in some foreign countries, in particular, in Germany, Austria, Great Britain, Sweden, and Poland. It has been established that, in most states, specialized courts have been established to resolve intellectual property disputes, ie IP courts (in some countries - the Intellectual Property Court, in others - the Patent Court). It has been found that proceedings in this category of cases in many countries are usually carried out in accordance with the rules of civil procedure, ie in accordance with the rules of civil procedure, while in Ukraine proceedings in intellectual property are governed by the rules of commercial procedure. The preconditions for the establishment of an IP court in Ukraine are highlighted. Normative documents of the current Ukrainian legislation are determined, the provisions of which enshrine the administrative and legal principles of the Intellectual Property High Court. Attention is focused on the factors that determine the urgent need for the introduction of IP-court in Ukraine, as well as the prospects of this judicial body are formulated.

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