The Commercial Cassation Court of the Supreme Court has prepared a review of practice on the protection of intellectual property rights taking into account the practice of the Court of Justice of the EU
The Commercial Cassation Court as part of the Supreme Court has prepared a review of judicial practice in cases on the protection of intellectual property rights, taking into account the approaches of the Court of Justice of the European Union. It includes key decisions of the Supreme Court for 2023–2025, entered into the Unified State Register of Court Decisions.
The review demonstrates how Ukrainian courts gradually align their practice with the norms and approaches of EU law. Its distinctive feature is that European legal standards are considered not theoretically, but through specific categories of disputes and corresponding decisions of the Supreme Court.
The publication not only summarizes judicial practice but also serves as a practical guide for judges, lawyers, and other legal professionals. It helps to understand how the practice of the Court of Justice of the EU is used to interpret norms in the field of intellectual property and to determine the limits of judicial protection of such rights.
The publication stands out among other analytical materials due to the following features:
- bilingualism: the review is prepared in two languages (Ukrainian and English), which not only opens Ukrainian judicial expertise to the international community but also contributes to the global WIPO Lex-Judgments database;
- deep specialization: the material focuses on the most complex aspects, such as the status of well-known trademarks, early termination of certificates due to non-use, registration of color as a trademark, recognition of signs as generic;
- innovation in patents: special attention is paid to the mechanism of supplementary protection for pharmaceutical inventions, which is of strategic importance for Ukraine's fulfillment of its European integration commitments.
The review is an applied work intended for judges, lawyers, patent attorneys, and scholars. It serves as an effective methodological tool for building legal arguments and assessing dispute management in court in light of European Union standards.
Ukrainian-language version
English-language version
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