10 JUN 2016
The establishment of Intellectual Property High Court and other novelties provided by the Draft Law of Ukraine On the Judicial System and Status of Judges and he Draft Law On Amendments to the Constitution of UkraineOn June 2, 2016 the Ukrainian Parliament (the Verkhovna Rada) adopted the Draft Law of Ukraine On the Judicial System and Status of Judges, which now is to be signed by the President.
According to the Draft, the Ukrainian judicial system should be reformed considerably. Please note many of the expected changes provided by the Draft concern protection of Intellectual Property in Ukraine.
Thus, the Draft provides creation of high specialized courts as courts of the first instance such as Intellectual Property High Court and Anticorruption High Court, the decisions of which should be revised by Supreme Court of Ukraine. The Chamber on protection of rights to Intellectual Property within new Cassation Economic Court should also be formed.
As to Intellectual Property Court, The Draft contains specific regulations concerning judicial candidates. Among the requirements to judges is having a professional experience in cases on Intellectual Property protection.
At the same time the Draft Law On Amendments to the Constitution of Ukraine (as to justice); was adopted as well. The so-called advocatory monopoly (monopoly of advocacy) in representation of persons in courts of Ukraine and protection from criminal prosecution was enacted. The said provision is aimed at improving the quality of representation in court. Such advocatory monopoly will be brought in gradually: from January 1, 2017 in the Supreme Courts and cassation courts; from January 1, 2018 in the courts of appeal and from January 1, 2019 in the courts of first instance.
The reform of Ukrainian judicial system provided by new drafts is developed according to international standards. So, in case of signing and coming into force, the drafts should make a positive influence on practice of IP rights protection in Ukraine.