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

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