Правовий статус Вищого суду з питань інтелектуальної власності: перспективи розвитку

Analyzing the theoretical and methodological and historical and legal aspects of the development of the institute of judicial protection of intellectual property rights, taking into account foreign experience, we conclude that the formation and operation of HCIP is a requirement of time, dictated by a number of strategic objectives. arising in connection with judicial and legal reform in the context of deepening the processes of European integration of Ukraine; strategic tasks related to public expectations and expectations from foreign partners and potential partners of Ukraine; strategic objectives related to increasing the readiness of the judiciary to resolve disputes that will arise in the field of intellectual property in the future, taking into account the dynamics of the information economy and related legal relations. At the same time, at the present stage, having analyzed the current state of the norms that form the legal status of the HCIP, it should be noted that with the beginning of the functioning of this court, expectations may not be justified. Analyzing the theoretical and methodological and historical and legal aspects of the development of the institute of judicial protection of intellectual property rights, taking into account foreign experience, we conclude that the formation and operation of HCIP is a requirement of time, dictated by a number of strategic objectives. At the same time, at the present stage, having analyzed the current state of the norms that form the legal status of the HCIP, it should be noted that with the beginning of the functioning of this court, expectations may not be justified. The article summarizes the possibilities of developing the judicial system on the basis of a new model of court specialization and substantiates its importance given the potential to increase confidence in the judicial system. A number of changes and additions to the current legislation have been proposed, which will allow developing the idea of flexible response to public inquiries by creating higher specialized courts. A special methodological approach to the separation of the individual legal status of the HCIP based on the relevant law has been developed. A number of proposals to the profile law on HCIP have been formed, in particular, on: formulation of the preamble of the law; principles of court activity; normative basis of HCIP activity; list of powers of HCIP. There is also a mechanism to prevent changes in the legal status of the HCIP outside the framework of judicial reform