Who will protect the intelligence?

Squints will feel protected, and the royalties will pay for the use of inventions, claim managers of the contest to the specialized court, which will punish the thieves who steal people’s mental work and fantasy.

International experience

“Intellectual property courts are currently operating in all developed countries – Japan, the United Kingdom, Portugal, and even in Belarus there is such court. It is needed because in the modern world many people whose rights have been violated do not understand where to go. Today, the original manufacturers and inventors are suffering. The presence of such a court will add civilization to the business and protect Ukrainian intellectual elite “, – said Stanislav Schotka, deputy chairman of the High Qualifications Commission of Judges. In Japan, the protection of innovation, technology and intellectual property began to take root in the middle of the last century. And the relevant cases were solved by a special unit in court. In 2005, were created the High Court of Intellectual Property in the country. Japan managed to protect its inventors and today the level of technology is one of the highest. Around the same time, the UK became involved in the fate of inventions: special judges were appointed in general courts. And then, in the 1980s, they created a patent court. The largest number of disputes it deals with concerns the pharmaceutical industry, biotechnology and telecommunications. More recently, in 2015, in Belarus was created the Arbitration Court in the field of innovative technologies and intellectual property. Very harsh treat the intellectual property in the United States. This issue has become one of the most controversial in cooperation with our country. Through the opaque system of payment of royalties to right holders and the inappropriate activity of organizations in the field of copyright actually were cancelled the preferences that were granted to Ukraine in trade. As a result, the law “On effective management of property rights of right holders in the field of copyright and (or) related rights” was adopted.

Ukrainian undertakings

At the end of September 2017, means on the very last day of the authorization, the President signed a decree “On the formation of the High Court on Intellectual Property.” And the next day began the selection for the establishment. The high Qualification Commission of Judges of Ukraine has begun to accept applications to choose best 21 candidates out of them all. In Ukraine, these actions caused a lot of criticism. After all, future judges obviously do not have enough work experience and knowledge, because such a requirement as special education in the field of copyright or special experience is not put forward to candidates. In addition, according to critics, the court is not available territorially. If copyright cases now can be considered by all the courts, then in the future they need to go to the capital to solve their problem. Some experts consider this as violation of the right to justice. Also, the HCIP (or, as the lawyers in this field chose to cut, the IP court is unlikely to become an official acronym) cannot work without the Appeals Chamber. Because the legislation in force at the time did not provide such separation.  Only last year, during the founding of the Supreme Anticorruption Court, the reform leaders swept and foreseen that all the specialized courts should have appellate chambers functioning. But the ship has sailed…

Hay wagon towards the horse

Meanwhile, the process of forming the HCIP has slowed down, and testing was able to hold exactly one year after the announcement of the competition. At the same time, unlike the selection procedure for the Supreme Court, they initially conducted a special check in order not to waste time on “inappropriate” individuals. In total, 210 candidates were admitted to the exams, including lawyers, judges and patent attorneys. That means, 10 applicants per one place. However, as were predicted by the member of the HQC Taras Lukash, some of the contestants simply did not appear. “Only those who are really determined to fight for this post and who are prepared will come “, – he said in a commentary for “ZIB”. And he dodged the bullet : only 148 people passed testing, the results of which were published on the site of HQC. Perhaps somebody just did not wait for the competition or, as were  predicted by “Zib”, wanted to accelerate the passage of qualification in this way. On the eve of the examinations, the commission changed the order of its conduction: not everyone will be able to move on. It is necessary to score not only 60% of the maximum possible points, but also to occupy a place in the rating, not lower than the 63rd. There are other innovations that are tested during this selection. In general, after the publication of test results, it became clear that the number of contestants was reduced by two dozen. After examining the results of practical tasks, the names of those 63 who will remain in the game will become known. The results of this phase as promised will be in two weeks. However, by the end of the week, the HQC will announce a new contest – to the Appeals Chamber. And obviously it will not hurry with interviews with candidates to the SSIF because this institution still won’t be able to work without an appellate chamber.

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