ECONOMIC–LEGAL STATUS OF THE HIGHER COURT ON INTELLECTUAL PROPERTY ISSUES

It was revealed that at the moment the circle of cases that are the defendants of the Higher Court on Intellectual Property Issues is defined in the Economic Procedural Code of Ukraine, which confirms the importance of the study of the legal status of the HCIP. It is noted that the functioning of the HCIP in the order of the economic process is enshrined in Part 4 of Art. 3 of the EPC, and the delimitation of the substantive jurisdiction of the commercial courts and the HCIP is made in Article 20 of the EPC. It is noted that the list of cases referred to the substantive jurisdiction of the HCIP is open. The existing approach of the legislator to the division of jurisdiction over disputes related to unfair competition is analyzed and the formation of the HCIP Chamber on unfair competition is proposed. Problematic aspects of alternative dispute resolution regarding intellectual property rights have been identified. The jurisdictions of the HCIP and the HCIP Appeals Chamber, delimited by the Economic Procedural Code, are characterized. A number of peculiarities of the organizational and structural component of the legal status of the HCIP have been identified, in particular, it is emphasized that the procedural aspects of litigation of disputes by economic courts and the HCIP except in relation to the transfer of cases from one court to another are practically not differentiated; consideration of cases in the HCIP by a panel of three judges and a ban on the consideration of cases on disputes on the protection of intellectual property rights in the procedure of simplified lawsuit proceedings (except for cases of recovery of a sum of money not exceeding one hundred sizes of the living wage for able-bodied persons). It is revealed that the only statutory instrument determining the individual legal status of the HCIP is the Presidential Decree on the establishment of this court. It is noted that the development of the individual legal status of the HCIP may in the future be based on the adoption of the Law of Ukraine «On the Higher Court on Intellectual Property Issues». It was further noted that the change of subject-matter jurisdiction and, consequently, of the legal status of the HCIP could take place in the near future in connection with antitrust and competitive reform. A promising area for further research is to formulate recommendations for the development of the individual legal status of the HCIP.