Anton Koval and Mykola Pototskyy took part in the discussion " Enforcement of Intellectual Property Rights” organized by the National Association of Patent Attorneys of Ukraine and the Association of Private Bailiffs of Ukraine

The event was held to share experience, improve IP protection standards, as private bailiffs currently have little practice in enforcing intellectual property-related judgments.Speaking at the event, Partner of Doubinsky & Osharova Anton Koval talked about how court decisions in cases on intellectual property rights protection are enforced in practice:

  • which categories of IP protection cases are the most common in court practice;
  • the procedure for executing court decisions: voluntary and forced ways;
  • the importance of enforcing court decisions as a result of the entire trial in the case;
  • stages and features of enforcement of court decisions on the examples of actual cases;
  • the relevance of separate specialization of private bailiffs in IP for a deeper understanding of intellectual property objects and more effective enforcement actions

Mykola Pototskyy, Counsel of Doubinsky & Osharova outlined the structure of the state system of IP legal protection, the competence of relevant authorities and focused on the types of court decisions that could be enforced by the state executive service and in cases provided by law - by private bailiffs.

Mykola also drew attention to the data that is entered in the state registers of IP objects protection documents and provided recommendations on the correct wording of claims, which, in case the claim is upheld, will ensure an effective enforcement of court decisions and protection of intellectual property rights.

The participants of the event discussed a number of problematic issues related to the maintenance of relevant state registers, in particular regarding the lack of procedure of state registration of agreements concluded when disposing seized property through electronic bidding.

As a result of the round table, the participants agreed to join the efforts of the Associations to develop an appropriate procedure and send these proposals to the Ministry of Economy of Ukraine.

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