IP-court: a tool for intellectual property lawyer protection

Abstract

Problem setting. The article examines the problems and prospects of creating a court on intellectual property inUkraine. The experience of the functioning of such judicial bodies in European countries, as well as in Great Britain,Germany and France, is considered.

Analysis of recent researches and publications. It should be noted that the issue of the functioning of the judiciaryand specialized courts in the judicial system of Ukraine is not entirely new to modern science, because to some extentthey were considered by many leading scholars and practitioners, including N. Vilgushinsky, M. Kosyuta, L. Moskvich,I. Marochkina, V. Serdyuk, S. Prylutsky, V. Sukhonos and many others.

Article’s main body. The requirements for applicants for the positions of judges are being studied. It is emphasizedthat there is a too long selection of judges for the Supreme Court on Intellectual Property Issues: overload of economiccourts dealing with cases of this category; interested persons, whose rights are violated in the field of intellectual property,do not apply for the protection of these rights in economic courts, awaiting the formation of a specialized court. Itis noted that effective protection of the violated rights of authors of scientific inventions, utility models, literary andmusical works, computer programs is a guarantee of compliance with the principles of the rule of law and legality, whichare important principles of a democratic state.

Conclusions and prospects for the development. The emergence and full functioning of such an institution inUkraine is an urgent need for effective protection of the rights of individuals in the field of intellectual property. Allchanges to the legislation of Ukraine in general, as well as the legislation governing the consideration of cases in the fieldof intellectual property, must be comprehensive and carefully considered. The ability of a lawyer to protect the violatedrights of authors of scientific inventions, utility models, literary and musical works, computer programs is a guarantee ofadherence to the principles of the rule of law and legality, which are important principles of a democratic state.