Legal and organizational principles of creation high court of intellectual property

Abstract

Keywords: litigation, intellectual property law, High Court of Intellectual Property,European Union law Analysis of the legal and organizational supportfor the establishment of the High court of intellectual property revealed a scientificproblem regarding the lack of implementation of the constitutional provision accordingto which higher specialized courts may act in accordance with the law, the absenceof the Law of Ukraine «On the High Court of Intellectual Property» proceduralnorms that should ensure the activities of this court to hear cases on intellectualproperty rights.The purpose of the article is to analyze the key legal and organizational issues ofthe creation of IP-court, the main provisions of the draft special law on this court,identify gaps in procedural law, and develop proposals for their content.To achieve this goal, the history and main problems of the establishment and operationof IP-court, international experience of this judicial body, the draft Law ofUkraine «On the High Court of Intellectual Property», some provisions of legal acts ofthe European Union.The main theoretical and practical problems that actualize the urgency of the beginningof IP-court activity are formulated. It is noted that in view of the Europeanintegration vector of Ukraine's legal system, the administration of justice will belargely conditioned by legal acts of the European Union, so it is advisable to providethis court with procedural tools inherent in EU law.It is concluded that the creation and operation of IP-Court is due to the deepening ofeconomic globalization, dynamic development of technological innovation, which in thecase of integration of the Court into the international justice system will lead to internationalizationand openness of intellectual property protection in the European space.