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Amendments to Trademark Laws

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Jun 28, 2016 (Newsletter Issue 12/16)
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New IP Court to Be Established Soon

On June 03, 2016, the Parliament of Ukraine adopted a law on reforming the judicial system of Ukraine. Currently, the law is awaiting the President’s signature. The reform provides for establishing the High Court on Intellectual Property Issues by autumn 2017 as a court of the first instance for copyright, trademark and patent disputes. Judicial decisions will be reviewed in the court of appeal within the chamber of the Supreme Court of Ukraine.

As from 2017 only attorneys-at-law (barristers) will be authorized to represent parties in intellectual property court. Prior to adopting the new law, patent attorneys, company directors and legal advisors were also allowed to represent their clients in court.

Further, the judicial reform has also affected the reform of judgment enforcement authorities. The new institution of private judicial executors appeared. For right holders, it is a chance to procure judgment execution after winning a case in a more effective manner. Meanwhile, it is unclear how to execute a judgment of a specialized IP court in foreign countries, which have already signed international treaties on the enforcement of judgments in civil, criminal and commercial cases.

Source: Synergy IP Law Agency, Ukraine