Procedural issues of applying to the court for the protection of intellectual property rights

Abstract

Keywords: protection of intellectual property, court, EPC of Ukraine, CPC of Ukraine, European Court of Human Rights
 This scientific article explores the proceduralissues of going to court in case there is a violation of intellectual property rights. Inthe process of scientific research, the issues of jurisdiction in court cases on violationof intellectual property rights have been analyzed, the legal features of jurisdiction inlawsuits for violation of intellectual property rights have been determined, requirementsfor the content of a legal claim. Based on analysis of the economic procedurallegislation, it is concluded that a person who applies to the court for infringement ofintellectual property rights may refer to the cases of the European Court of HumanRights in order to substantiate his legal position. It is indicated that in the course ofthe 2016 judicial reforms in Ukraine, the rules of judicial jurisdiction and the competenceof the court in court cases on violation of intellectual property rights werechanged. At the level of procedural law, a special court was created — the High Courtof Intellectual Property, which is empowered to judicially review cases of IP violation.The High Court of Intellectual Property has not started its work for now. The authorpoints out that this situation has a negative impact on Ukrainian judicial practiceand the practice of protecting intellectual property rights.
 Based on the results of the study, the author proposed his own theoretical groundsand developed proposals for improving procedural legislation regarding the possibilityof introducing alternative jurisdiction in some categories of cases of violation of intellectualproperty rights. Such legal cases include copyright infringement of an individualwho is the author or the author's representative. The legal rule on alternativejurisdiction in cases of infringement of intellectual property rights is effective if thereis a violation of IP rights in the Ukrainian temporarily occupied territories. The authorpoints out that such a legislative proposal will improve the quality of legal protectionof subjects of intellectual property rights in the temporarily occupied Ukrainianterritories.