The new IP Court in Ukraine: Its Creation and Exclusive Jurisdiction

Abstract

Ukraine has set out to establish a new specialised IP Court. The creation of this IP Court is an important element of current reforms that are aimed at improving the operation of the Ukrainian judicial system. It is believed that the new Court will improve IP enforcement by decreasing the duration of court proceedings and simultaneously increasing the quality of decisions in IP cases. While the creation of the IP Court is generally considered to be highly desirable, certain issues in the set-up and operation of this Court may reduce the effectiveness of the judicial process in IP cases and require clarifications and/or adjustments. Among such matters is the exclusive jurisdiction of the IP Court and a potential overlap with the jurisdiction of the administrative courts and other state authorities. This chapter will outline the developments leading to the establishment of the IP Court. It will also discuss certain examples of a potential collision between the jurisdictions of the IP Court and the administrative courts, and will provide suggestions on how this could be rectified.