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INTELLECTUAL PROPERTY NEWS



July 27, 2016
Introduction of the new Law on the Judicial System and the Status of Judges and amendments into the Constitution of Ukraine

In June 2016, the Verkhovna Rada of Ukraine launched the reformation of the Ukrainian judicial system in frame of which the three laws have been already adopted. The new laws aim to correct deficiencies of the former judicial system, enhance the effectiveness thereof and thus raise its standarts.

In particular the new law on judicial system introduces the Highest Court of Intellectual Property as a court of the first instance to consider the intellectual property disputes, which can be reviewed further by the Supreme Court. The new procedure will facilitate the more expeditious processing of the claims, reducing the backlog of cases. The higher requirements for professional experience of judges of the Highest Court of Intellectual Property will also contribute to more efficient examination of disputes.

In addition, as opposed to the earlier practice enabling the patent attorneys and legal counsels to represent their clients in the court in the intellectual property matters the new law stipulates that only accredited with the bar lawyer will be able to conduct the representation in the Highest Court of Intellectual Property. This amendment will come into forth on January 1, 2019.

The reformation also affected the enforcement procedure, namely the position of the private enforcement officials are expected to be introduced. The new body will execute the court decisions giving the opportunity to the rightholders to control the execution of the enforcement actions.

To sum up the above-mentioned changes are intended to facilitate the implementation of full-scale judicial reform in Ukraine in accordance with public expectations and in line with European standards.


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