Recently, the public space has become increasingly frequent with calls and statements aimed at liquidating the High Court on Intellectual Property (hereinafter – the IP Court). These initiatives are of deep concern to the legal community and, in particular, to professionals who directly and daily face the problems of law enforcement in this area and are deeply aware of how important the existence of the IP Court is for the effective protection of intellectual property rights in our country.
Details of the Committee’s statement
With this statement, the UBA Intellectual Property Committee (hereinafter – the UBA Committee) strongly supports the existence of the High Court of Intellectual Property in Ukraine. The UBA’s position is based on the European integration course of Ukraine and the need to implement the Association Agreement with the EU, as well as a number of significant factors that, unfortunately, are not taken into account by the initiators of the IP Court liquidation.
Courts for the protection of intellectual property rights (hereinafter – IP) operate in many economically developed countries: The UK Patent Court, the Swiss Federal Patent Court, the German Federal Patent Court, and IP courts in China, Turkey, and the United States of America. In each of these countries, IP courts are not only a part of the justice system, but also a factor in the development of the innovation sphere – a key element of the intellectual property system. A reliable and robust IP system is the foundation of the national innovation system, and thus of the national economy and security.
In Ukraine, the High Court of Intellectual Property was established in 2017. At the same time, in September 2017, the High Qualification Commission of Judges of Ukraine announced a competition for vacant positions of judges of the first instance of the IP Court, and in October 2018, the competition for the Appeals Chamber was launched. As of March 2025, the High Qualification Commission of Judges of Ukraine has not completed the competitions. At the same time, the competition to the IP Court as the first instance is at the final stage. Thus, despite being established by a presidential decree, this judicial institution is not functioning, and the expenditures allocated annually to ensure its operation remain unused at the end of the relevant budget period.
According to the European Commission’s Enlargement Package Report, Ukraine has made significant progress in developing its intellectual property sector and harmonizing its legislation with the requirements of the European Union. In the eyes of our international partners, we are recognized as a country that is establishing the High Court of Intellectual Property. For example, the official website of the World Intellectual Property Organization contains the “Structure of Judicial Administration for the Settlement of Intellectual Property Disputes in Ukraine”, in which the future court is prominently mentioned.
Thus, the creation of the IP Court was a signal to the world that Ukraine is ready to resolutely combat infringements of intellectual property rights, is ready to implement transparent and effective protection mechanisms and comply with international standards in this area. This was an important step towards increasing the confidence of foreign investors, multinational corporations and international partners, who see the stability of the judicial system as a key factor for doing business and investing.
Elimination of the IP Court will cause serious reputational damage to Ukraine’s image on the world stage, which will be perceived as a retreat from the concept of the rule of law and a return to the post-Soviet legal dimension and thinking. This step will not be justified by arguments related to Ukraine’s state of war, as it is crucial to protect intellectual property related to defense technologies, strategic developments and know-how in wartime. Innovations in the defense industry, military artificial intelligence, cybersecurity, and communications require not only funding and implementation, but also effective protection. The absence of effective judicial protection of intellectual property rights can lead to a situation where strategic developments become objects of unfair use or theft, including by the aggressor state.
In a time of war, it is critical to support businesses that pay taxes and contribute to the country’s budget. In their turn, infringers – producers of counterfeit products – not only cause economic losses to businesses and the state, but may also pose a threat to consumer safety. Therefore, the preservation of the IP court is an important step to ensure a transparent business environment and fight against counterfeiting. Moreover, the active digitalization of warfare, when drones, recognition algorithms, electronic warfare and intelligence technologies are crucial, requires proper judicial protection of innovations that will ensure the stability of defense companies’ development, attract international partners and protect the rights of inventors working to strengthen the Ukrainian army.
The field of intellectual property is complex and multifaceted, encompassing hundreds of international and national regulations governing copyright, patent law, trademarks, trade secrets, geographical indications and many other aspects of legal protection of intangible assets. Such an extensive regulatory framework requires specialized skills in interpretation and enforcement, which cannot be provided by a universal court jurisdiction. Only a highly specialized court can ensure the proper level of justice necessary to protect IP rights in the context of digital transformation.
The establishment of the IP Court is in line with the state’s course on innovation, as set out in the recently approved Strategy for Digital Development of Innovation Activities of Ukraine until 2030 (WINWIN). This strategy defines the vision of Ukraine as a leading country in the field of technology and innovation, emphasizing the importance of intellectual property rights protection for the development of the innovation ecosystem.
