The need to establish an IP court does not require justification, it is an axiom, - Ihor Benedysiuk, Secretary of the Judicial Chamber of the Commercial Cassation Court of the Supreme Court

"The need to establish an IP court does not require justification, it is an axiom. And we understand that otherwise we will not be able to get out of the extremely difficult situation in which the Ukrainian courts now find themselves in the field of IP rights protection". This opinion was expressed by Ihor Benedysiuk, Secretary of the Judicial Chamber on Cases on the Protection of Intellectual Property Rights and Cases Related with Anti-Monopoly and Competition Legislation of the Commercial Cassation Court of the Supreme Court, during the first session of the II National Forum on Intellectual Property and Innovation IP LET FORUM. 

Speaking about the challenges facing the judicial system in the field of intellectual property, the judge shared his vision of the problems and prospects of intellectual property in Ukraine. According to him, in 2017, new procedural codes were adopted, and the very idea of judicial reform included the creation of an IP court. At present, the judicial system in terms of procedural codes and consideration of intellectual property issues is operating under transitional provisions. In particular, the general idea is to create a court that would consider these disputes at the first and second instance levels, while at the cassation level there is already a specialised chamber. In other words, the structure of the procedural codes and the structure of the proceedings have been designed in such a way that there are all the prerequisites for the establishment of an IP court.

At the same time, the lengthy process of establishing an IP court has a negative impact on the level of IP protection and the quality of IP litigation. In this context, Ihor Benedysiuk emphasised the importance of preserving the specialisation that facilitates prompt and high-quality court proceedings and was introduced in commercial courts in 2003.

In addition, according to the secretary of the specialised chamber, the Supreme Court is actively involved in the development of the intellectual property sector in Ukraine. He informed his colleagues that the Supreme Court, with the assistance of the Ukrainian National Office for Intellectual Property and Innovations, had signed memoranda of cooperation with the World Intellectual Property Organisation in such important areas as the training of judges specialising in intellectual property, access to the most important court decisions from around the world, and the promotion of our country through the prism of relevant and significant decisions of domestic courts. "This is another step on the way to implementing the course of European integration and reconstruction chosen by Ukraine," summed up Ihor Benedysiuk.

During the event, the participants also discussed the harmonisation of Ukrainian legislation with the requirements of the European Union, overcoming the challenges faced by the state during the full-scale aggression of the Russian Federation, and the reconstruction and future development of the innovative economy.

"I am very pleased that intellectual property has finally become a priority for the state, as we have lost more than 10 years. Today, one of the challenges is to work with companies and explain why it is more profitable to register in Ukraine, why they should commercialise and how they can protect their intellectual property. We need to work together to promote creative and innovative Ukraine," said Olena Orliuk, Director of the IP Office.

The event is organised by the Ukrainian National Office of Intellectual Property and Innovation with the support of the Ministry of Economy of Ukraine and the World Intellectual Property Organisation (WIPO).

Photo courtesy of the organisers.