IP Court in Ukraine: The Last Page or a New Chapter?

On April 3, a joint event hosted by the IP Office and the Intellectual Property Committee of the Ukrainian Bar Association took place under the title "IP Court in Ukraine: The Last Page or a New Chapter?" This event featured an open dialogue with utmost professional honesty, bringing together key experts from the intellectual property community, including judges, lawyers, patent attorneys, and representatives from the High Qualification Commission of Judges of Ukraine and the Supreme Court.

Yaroslav Ognevyuk, managing partner of AMBASSADORS, moderated the event. Notably, almost eight years prior, Yaroslav moderated one of the first round tables organized by the Ukrainian Bar Association focused on the creation of the IP Court. This symbolic fact sets the trajectory for discussions regarding the format, scope, and capabilities of the future institution.

Tetiana Ohneviuk, a partner in the dispute resolution practice at AMBASSADORS, provided significant insight during the discussion by posing a critical question: Is it time to reconsider the very structure of the IP Court? In her speech, she compellingly argued for a transition to a model of a court with full intellectual jurisdiction that would encompass not only commercial disputes, but also civil, criminal, and administrative matters related to the violation of intellectual property rights. According to her, this proposed model would create a comprehensive system - from investigation to court decision - focusing on the protection of IP rights as a priority. Drawing inspiration from the national experience of anti-corruption bodies, she asserted that specialization and independence are effective strategies to address systemic issues.

The event covered various topics, including the potential consequences of delaying the launch of the IP Court on Ukraine's investment image, as well as internal obstacles of a regulatory, organizational, and political nature. Participants concluded that Ukraine is currently undergoing fundamental legal reconstruction.

AMBASSADORS remains committed to participating in professional discussions and reform initiatives in the field of intellectual property. We believe that the IP Court is not the last page but rather the beginning of a new chapter. We strive for this chapter to be crafted in the language of law, intelligence, and forward-thinking.