UKRAINE: SPECIALISED APPROACH TO INTELLECTUAL PROPERTY WITHIN THE COURTS 5 REASONS TO ACCEPT

Oleh Stoiev

Abstract


Th e present study aims to prove the necessity of providing the system of specialised Intellectual Property (IPR) Courts in Ukraine for the general benefit of the court system of Ukraine and the Ukrainian society as well as for foreign actors involved in economical processes in Ukraine including protection of the intellectual property rights and related rights. Th e study revealed that an adoption of such a specialisation in Ukraine will contribute to the Ukrainian court system and the state in general as the solution to the jurisdiction problem by boosting the eff ectiveness of decision, creates an opportunity to set special court procedures and practice generalizations to enhance efficiency and accuracy, serving as a basis for the consistency and predictability of case outcomes and the source of progressive development and dynamism. The advantages and disadvantages of specialised intellectual property courts adoption depend on the model selected. Such models are differentiated and suggest various institutional formats such as specialised IPR Trial Court, specialised IPR Appeals Court,
specialised IPR Trial Division and some others, which are briefl y analysed within the article. The study does not cover the analysis of disadvantages of specialised intellectual property courts adoption.

Keywords


Ukraine, court system, intellectual property rights, specialisation

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DOI: http://dx.doi.org/10.13165/SMS-15-7-1-12

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236