The Establishment and Operation of the IP Court in Ukraine: Analysis of Ukrainian Legislation

MIPLC Master Thesis Series (2018/19)

56 Pages Posted: 12 Oct 2020

Date Written: September 12, 2019

Abstract

The comprehensive judicial reform in Ukraine, being one of the building blocks that will help establish Ukraine as a European democracy, provided for the establishment of, inter alia, a new specialised intellectual property court, the High Intellectual Property Court of Ukraine (hereinafter referred to as the IP Court), in order for the Ukrainian judiciary to be able to meet modern requirements.

In this thesis, a contextual analysis of (i) the current Ukrainian legislative framework on the establishment of the IP Court and (ii) the applicable procedural law that directly affect IP adjudication will be made in order to (a) identify the areas for potential enhancement that will ensure the effective adjudication of IP disputes and (b) provide suggestions to optimize the functioning of the IP Court, taking into account, inter alia, practices in leading IP jurisdictions.

Keywords: Intellectual Property Court, Preliminary Injunctions, IP Specialization, Procedural Law, Expert Opinions, Jurisdiction, Ukraine

Suggested Citation

Kapitonenko, Anton, The Establishment and Operation of the IP Court in Ukraine: Analysis of Ukrainian Legislation (September 12, 2019). MIPLC Master Thesis Series (2018/19), Available at SSRN: https://ssrn.com/abstract=3684368

Anton Kapitonenko (Contact Author)

Baker McKenzie - CIS, Limited ( email )

Renaissance Business Center
24 Bulvarno-Kudriavska str.
Kyiv, 01601
Ukraine
+380 44 590 0101 (Phone)
+380 44 590 0110 (Fax)

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