THE PROBLEM ISSUES OF THE DETERMINATION OF THE JURISDICTION IN THE IMPLEMENTATION OF THE JUDICIAL PROTECTION OF THE RIGHTS OF INTELLECTUAL PROPERTY ON THE INTERNET AND THE WAYS TO SOLVE THEM

Анотація

The article examines the problem issues of the determination of the jurisdiction of the courts in the implementation of the protection of the rights of the intellectual property given the establishment of a specialized judicial institution in Ukraine for consideration and settlement of disputes in this area – The High Court of the issues of the intellectual property, however, which has not begun its work yet. The ambiguous interpretation and law is the application of the legislation, which regulates the jurisdiction of the cases of the specified category, is connected, first of all, with the different interpretation both by judges and persons, who apply for protection of the rights of the intellectual property of the p. 16 of the Transitional provisions of the Commercial Procedural Code of Ukraine, which provides that ‘before the beginning of the work of the High Court on the issues of the intellectual property case regarding the rights of the intellectual property are considered under the rules that are in force after the entry into force of this version of the Code, by the courts in accordance with the rules of jurisdiction (criminality), which operated before the entry into force of this version of the Code’. In this regard, the problems and contradictions of the current legislation of Ukraine and judicial practice are analyzed regarding the jurisdiction of the cases about the protection of the rights of the intellectual property to the courts in order to avoid such contradictions at the present stage of development of the judiciary under the influence of the judicial legal reform, in the framework of reforming the judiciary, the procedure and other related legal institutions, for the possibility of further improvement namely of the institute of judicial protection, the solution of problematic aspects and for the proper provision of judicial protection of the rights of intellectual property in Ukraine.

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