FOREIGN EXPERIENCE IN THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OF ECONOMIC ENTITIES IN THE LIGHT OF THE HIGH COURT ON INTELLECTUAL PROPERTY FORMATION

The formation of the High Court on Intellectual Property is taking place against the background of the search for ways to ensure fair and effective judicial protection of intellectual property rights during the judicial reform of 2016. Having been established in 2017, the court has not yet begun work, and there are still many unsolved problems in the field of intellectual property rights protection. Some works by domestic scholars have been devoted to the problem of organizational and legal support for the functioning of specialized courts, in particular, the High Court for Intellectual Property. However, existing studies only limitedly cover foreign experience in the development of legal support for the functioning of the High Court on Intellectual Property. The article aim is to summarize the foreign experience in protecting the intellectual property rights of business entities in the light of the establishment of the High Court on Intellectual Property. With the aim to analyses the foreign experience in protecting intellectual property rights, it was proposed to take into account the practices that have been developed in countries with a high International Index of Property Rights, in particular, Finland, the USA, Switzerland, Australia, and Japan. By a generalization of the leading countries' experience, we've found a number of effective models. The European model provides for the priority of judicial protection of intellectual property rights with the creation of a specialized court and substantially reduced opportunities for out-of-court settlement of disputes on intellectual property issues. Within the American and Australian models, all conditions were created for the proper judicial protection of violated intellectual property rights. Thus, the high cost of litigation and the developed institutions of informal negotiations, mediation, arbitration, etc. contribute to the popularity of out-of-court dispute resolution. The Japanese model includes a combination of administrative and judicial protection of intellectual property rights and gives opportunities for appeal. The effectiveness of legal proceedings in this area in Japan is achieved by attracting technical advisers. A promising area for further research is the deepening of scientific ideas about various models of protecting intellectual property rights in foreign countries.