THE PROBLEMATIC ISSUES OF JURISDICTION AND PRACTICE OF THE SPECIALIZATION PRINCIPLE REALIZING IN THE SYSTEM OF COURTS OF AN ADMINISTRATIVE JURISDICTION OF UKRAINE DISPUTES ON THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

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Larisa ZUEVA,

Judge of the Odessa Administrative Court of Appeal, Candidate of Law

THE PROBLEMATIC ISSUES OF JURISDICTION AND PRACTICE OF THE SPECIALIZATION PRINCIPLE REALIZING IN THE SYSTEM OF COURTS OF AN ADMINISTRATIVE JURISDICTION OF UKRAINE DISPUTES ON THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

The author researchers the main problems considering the questions of jurisdiction of lawsuits considering the defense of intellectual property rights, through applying of two methods, which are the way of differentiation of courts through the jurisdiction and the way of specialization the judges through inserting the chambers of courts. In the article it is proposed to solve the problem of separation of the intellectual property lawsuits and not same jurisprudence through the way of the exact specification of the positions of the procedure act, but not through the way of adoption of the plenums of courts of diverse jurisdictions and proposing a huge amount of explanations. Besides, a big attention is attended to a preparation and teaching the professional judges the exact specialization, and an expediency of introduction the specialization considering trials about the defense of the rights of intellectual property for the judges of first and appeals instances.

Key words: Court, intellectual property protection, jurisdiction, specialization.

 

References

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Potocki M. Jurisdiction over intellectual property disputes. Current issues of intellectual property: Coll. XXII International Practice. conf. State Intellectual Property Service of Ukraine. K., 2014. P. 156–160. [ukr.]

Administrative procedure and administrative services. Foreign experience and proposals for Ukraine / author-order. V. P. Timoshchuk. K .: Fakt, 2003. 496 p. [ukr.]

On administrative services: Law of Ukraine of September 6, 2012. Information of the Verkhovna Rada of Ukraine. 2013. No 32. Art. 409. [ukr.]