On December 7, 2021, a judge of the Poltava District Court, a candidate for the position of a judge of the High Court for Intellectual Property (IP Court) Stella Tsibizova held a master class for the students of the PR-402B and PR-403B groups of the Faculty of Law on the relevance of the creation of the High Court of Intellectual Property (IP court) in Ukraine.
Stella Tsibizova shared with the students her practical experience in dealing with cases in the field of intellectual property law and the knowledge she gained as a result of international training for judges, in particular, the consideration of these categories of cases by specialized courts for intellectual property. It was noted that to increase the efficiency of judicial protection, specialization in the consideration of litigation in the field of intellectual property law is being introduced in many countries with stable economies. The format of such specialization depends on various factors: the peculiarities of the country's legal system, population size, priority areas of the economy, public demand, and the like. This specialization can be implemented by creating a separate judicial institution or by assigning specialization to certain courts or even judges in courts.
Ms. Stella considers the experience of the Federal Patent Court in Germany to be one of the most successful European examples of the functioning of a specialized court in the field of intellectual property law, which can be, to a certain extent, adapted to Ukrainian realities.
“In Ukraine, unlike other countries, there is no experience of the IP-court - a judicial institution specializing in the consideration of disputes in the field of intellectual property law. Thanks to the progressive approach of the legislator, the Supreme Court of Intellectual Property will consider disputes on intellectual property rights, which are granted legal protection under Ukrainian legislation, provided that such disputes are subject to the regulations of economic proceedings, ”the judge said.
Summing up, the participants of the meeting concluded the need for the creation of the High Court on intellectual property in Ukraine, as well as further increasing the level of legal awareness about the protection of the results of intellectual, creative activity and promoting a culture of respect for intellectual property rights of creators.