RELEVANCE OF CREATION ABOUT THE HIGHER COURT ON QUESTIONS INTELLECTUAL PROPERTY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article deals with the judicial reform, the establishment of the Supreme Court on Intellectual property, positive and negative aspects of its creation and legal gaps. For improving the judicial system in Ukraine, eliminating corruption from the judicial system and reducing political pressure on the courts, accelerating the timing of litigation, improvement of judicial training the Law of Ukraine «On the Judicial System and Status of Judges» was adopted in June 2, 2016. Judicial protection is an effective way of defense and protection of intellectual property rights in a context where increasing producing and selling of pirated products, and therefore despite the essential specificity of this category of cases, their tansy to increase an amount and internal diversity leads to the need to improve institutional support for judicial protection form of intellectual property. For years, experts were discussing the problem of dispersion of cases concerning intellectual property in various courts. Then the idea to unite all cases in the protection of intellectual property rights sphere in one jurisdiction is arised, namely to refer them to the jurisdiction of the economic court. Now, with the creation of specialized courts in general, and the Supreme Court of the intellectual property in particular, the problem of qualifying litigation should disappear from the discussion, eventually as a problem of increasing breaking the intellectual property rights, problem of unfair competition etc. The authority of the Supreme Court on intellectual property law includes: the administration of justice as the court of first instance in cases determined by the procedural law, analysis of court statistics, studying and summarizing of judicial practices, information on the results of summarizing of judicial practice of the Supreme Court, other powers defined by law. As follows, in the history of judicial system of Ukraine the next stage of reform is assigned.
Authors and Affiliations
Ю. С Канарик, В. О Петлюк
Keywords
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