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Amendments to Trademark Laws

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Sep 28, 2016 (Newsletter Issue 17/16)
Ukraine
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Reformation of Judicial System Launched


On June 2016, the Ukraine launched the reformation of the Ukrainian judicial system. Three laws have already been adopted. They aim to correct deficiencies of the former judicial system, enhance the effectiveness thereof and thus raise its standards.

The new law on the judicial system introduces the Highest Court of Intellectual Property as a court of first instance. Intellectual property disputes can be reviewed further by the Supreme Court. The new procedure will facilitate the more expeditious processing of claims and reduce the backlog of cases. According to the new law, only lawyers, who are accredited with the bar are allowed to represent their clients before the Highest Court of Intellectual Property, while the earlier practice enabled all patent attorneys and legal counsels to represent their clients in intellectual property matters before the court. This amendment will come into force on January 1, 2019.

The reform will also affect the enforcement procedure: private enforcement officials are expected to be introduced. The new body will execute court decisions and will give right holders the opportunity to control the execution of the enforcement actions.

The above-mentioned changes are intended to facilitate the implementation of full-scale judicial reform in Ukraine in accordance with public expectations and in line with European standards.

Source: Mikhailyuk, Sorokolat and Partners, Ukraine