Prospects for reforming intellectual property sphere in Ukraine: Supreme Court judge joins international discussion

Reforms in the field of intellectual property, the development of relevant legislation and its implementation during martial law, the establishment of the High Court of Intellectual Property in Ukraine, copyright reform, the activities of the European Commission in the field of intellectual property enforcement and other topical issues were discussed at the meeting of the annual EU-Ukraine Intellectual Property Law Dialogue. Ihor Benedysiuk, Judge of the Supreme Court, Secretary of the Judicial Chamber for Intellectual Property Rights Protection and Antitrust and Competition Law of the Commercial Cassation Court of the Supreme Court, took part in the event.

Ihor Benedysiuk briefed his European colleagues on the priorities and challenges of establishing the High Court of Intellectual Property in Ukraine.

According to the judge, the establishment of the IP Court is envisaged as part of a comprehensive judicial reform in accordance with the current legislation and is also inseparably linked to Ukraine's international obligations.

However, due to the fact that the High Qualification Commission of Judges of Ukraine and the High Council of Justice, which are responsible for ensuring the conduct of judicial selection competitions, did not function for a long time, the IP Court was not established. Candidates who took part in the competition for judges of this court are at the stage of completing their exams at the HQCJ.

Ihor Benedysiuk also pointed out that in accordance with clause 16, Part 1, Section XI "Transitional Provisions" of the Commercial Procedural Code of Ukraine, until the High Court of Intellectual Property starts its work, cases concerning intellectual property rights will be considered in accordance with the rules in force after the entry into force of this version of the Commercial Procedural Code of Ukraine, by the courts in accordance with the rules of jurisdiction (competence) in force before the entry into force of this version of the Code.

Thus, these disputes are considered in both commercial and civil jurisdictions. However, while in commercial jurisdiction there is a specialised chamber of the CommCC of the Supreme Court, in civil jurisdiction there is no such specialisation. There are only the relevant courts that specialise in considering these disputes in terms of territorial jurisdiction.

As for speeding up the process of establishing the IP court, Ihor Benedysiuk believes that the competition for the selection of judges should be completed as soon as possible and the draft law on the High Court of Intellectual Property should be adopted.

In addition, the judge drew the attention of his colleagues to the measures taken by the specialised chamber of the CommCC of the Supreme Court to improve the skills of judges specialising in IP. As a result of the memorandums of cooperation between the World Intellectual Property Organisation (WIPO) and the Supreme Court, a series of training seminars was successfully held, and it became possible to post the most significant court decisions of the Supreme Court on the protection of intellectual property rights in the WIPO database. Thus, the case law of the relevant disputes in Ukraine is integrated into the global IP dispute resolution system.

The event was organised by the Ministry of Economy of Ukraine together with the Delegation of the European Union to Ukraine.

For reference. The EU-Ukraine Intellectual Property Dialogue was established in 2006 by Ukrainian and European parties to address issues of mutual interest in the field of intellectual property.

In accordance with Article 252(3) of the EU-Ukraine Association Agreement, the Dialogue reports to the EU-Ukraine Association Committee in Trade Configuration. The Dialogue meets at least once a year. They are organised alternately by the Ukrainian and European sides.