IP PROTECTION: Gigantic step towards establishing IP courts in
Ukraine
On 2 June 2016, it finally happened! This day the Ukrainian
Parliament adopted a package of laws giving the green light to the
long-awaited reform of judicial system in Ukraine. The anticipated
judicial reform also introduces a new reality for consideration of
intellectual property disputes. There are more questions than
answers so far, but still a general framework is already in
place.
New Structure. The restated version of the Law
of Ukraine "On Judicial System and Status of Judges" (the
"Law on Judicial System") provides for a
two-pillar structure for IP disputes.
In particular, the Law on Judicial System suggests establishing
the Superior Court on Intellectual Property (the "IP
Court"). The IP Court will act as the court of the
first instance. However, jurisdiction of the IP Court will be
defined by the respective Ukrainian procedural laws.