The high court for intellectual property as an element of the judicial system in Ukraine. CONTRA SENTENTIAM

Keywords: intellectual property law, Higher IP Court, judicial system, legal position,fact in issue Based on the analysis of the provisions of the Law of Ukraine «On Judicial System and Status of Judges», provisionsof procedural codes, as well as international practices, the author expresses doubts about the expediency of existence in the judicial system of Ukraine of a Higher Intellectual Property Court as a separate judicial institution. The identified proceduraland organizational flaws point to the untenability of the position that introducing such a specialized court into the judicial system would increase the effectiveness of intellectual property protection in Ukraine.There is every reason to assert that the Ukrainian state policy in the matter of the specialized court for this field tends towards ending up with something like a patent court. However, considering the qualification of the candidates for the domestic IPcourt and the first results of the competition, most likely Ukraine is going to end up with a High Court for Intellectual Property Matters composed of regular judges.In view of that, the decision to establish a specialized court for intellectual property matters as a separate element of the judicial system appears to be quite questionable, as it defeats the purpose of its creation. And this means, at the very least, budget wasted on the maintenance of an entire judicial institution.It is also absolutely unclear how the judges of the specialized court will be able to improve the quality of justice in the field of intellectual property law, as they will be effectively unable to bring law enforcement to a new level due to being burdened bythe already existing legal positions of the Supreme Court.The purpose of the article is to demonstrate the importance of the problems that are to be expected as a result of functioning of the Higher IP Court, and to propose an alternative way of ensuring the effectiveness of the protection of exclusive rights.