THE HIGH COURT ON INTELLECTUAL PROPERTY ISSUES: PROBLEMS AND PROSPECTS OF ACTIVITY

Abstract

The article examines the features of the protection of intellectual property rights, taking into account the formation in Ukraine of a specialized judicial body for the consideration and resolution of disputes in this area – the Supreme Court for Intellectual Property. The publication analyzes the characteristics and difficulties of litigation and dispute resolution in the field of intellectual property, contradictions with the current legislation of Ukraine governing relations of intellectual activity, organizational issues, problems and prospects for the activities of the Supreme Court on intellectual property issues, formulates conclusions on improving the system of legal protection of intellectual property.

In the process of studying the features and prospects of the activities of the Supreme Court on intellectual property issues, general scientific and special legal methods were used, in particular, dialectical, formal-logical, historical, normative-comparative, systemic-structural, etc.

Based on consideration of the features of protecting intellectual property rights in court, assessing the problem and determining the prospects for the activities of a specialized court for the consideration and resolution of disputes in the field of intellectual property – the Supreme Court on Intellectual Property, it was concluded that at present the necessary legislative framework has been formed in Ukraine, which would ensure the implementation and guarantee of compliance with the rights to the results of intellectual, creative activity. However, the complexity of adjudication of disputes in the field of intellectual property, their duration, the lack of generalized judicial practice – these factors negatively affect the level of legal protection of intellectual property subjects. The solution of these problems should ensure the functioning of the Supreme Court for Intellectual Property, the creation and effective operation of which will significantly increase the level of protection of the rights of intellectual property subjects.