Only after the resumption of the work of the High Qualification Commission of Judges of Ukraine will it be possible to talk about the implementation of the idea of creating a High Court on Intellectual Property. The adoption of the draft law No. 3711 by the Verkhovna Rada of Ukraine may accelerate this process. This was emphasized by a member of the High Council of Justice Oksana Blazhivska, speaking at a regular meeting of the "Dialogue on intellectual property rights between Ukraine and the European Union", which took place in a video conference mode.
During the discussion of the institutional structure in the field of intellectual property, the current state of affairs and plans for the future, the HCJ member noted that today Ukraine is at the final stage of formation of national institutional support in the field of intellectual property, based on international norms and standards.
«The creation of such a specialized court is unequivocally a positive and serious step towards the proper protection of intellectual property rights and increasing the investment attractiveness of Ukraine. In turn, an effective and efficient intellectual property system ensures and stimulates the economic, social and cultural growth of any country», – noted Oksana Blazhivska.
«As the High Qualification Commission of Judges of Ukraine has not been working for a long time, numerous procedures have been paralyzed, which affect the quality and speed of the judiciary as a whole. In particular, all competitive procedures for filling vacant positions of judges of the High Court on Intellectual Property and its Appellate Chamber, announced in 2017 and 2018, have been suspended», – she noted.
«It should be reminded that in order to solve the problems caused by the shortage of staff in Ukrainian courts, the President of Ukraine Volodymyr Zelenskyy submitted to the Verkhovna Rada of Ukraine as an urgent draft Law of Ukraine «On making amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" and some laws of Ukraine on the activities of the Supreme Court and judicial governance bodies" of June 22, 2020 (No. 3711) », – the HCJ member said.
Oksana Blazhivska stressed that the “European Commission “For Democracy through Law” (Venice Commission) had given an approving opinion on the draft law No. 3711, noting, in particular, that this draft law is aimed at the rapid formation of the High Qualification Commission of Judges of Ukraine in order to continue the career procedures of judges, including a competition to fill vacant positions of judges of the Supreme Court on Intellectual Property and its Appellate Chamber.
«I would like to emphasize that the amendments proposed by the draft law No. 3711 deserve the support of the Parliament and will allow launching the process of selection, qualification evaluation of judges and other issues of judicial career. This was also emphasized by the High Council of Justice in its advisory opinion on the draft law», – said Oksana Blazhivska.
The HCJ member also noted that the High Council of Justice as a constitutional body of state power and judicial governance within its powers in accordance with current legislation, is ready to facilitate competitive procedures in order to establish the High Court on Intellectual Property. «We hope that the adoption of the draft law No. 3711 by parliamentarians will unblock the judicial system and, most importantly, will help to overcome the shortage of judges in the courts, effectively ensure the rights of citizens to access to justice», – summarized Oksana Blazhivska.