RECOMMENDATIONS OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of March 29, 2005 No. 04-5/76

About some questions of practice of purpose of judicial examinations in cases on the disputes connected with protection of intellectual property right

For the purpose of the correct and identical application of regulations of the current legislation by economic courts in permission of questions of purpose of judicial examinations in cases on the disputes connected with protection of intellectual property right, the Supreme Economic Court of Ukraine considers necessary to make such recommendations.

1. General questions of purpose of judicial examination in cases on the disputes connected with protection of intellectual property right

1.1. In permission of questions of purpose of judicial examination economic courts should be guided by the Economic Procedure Code of Ukraine (further - HPK), the Law of Ukraine "About judicial examination", the Instruction about appointment and conducting judicial examinations approved by the order of the Ministry of Justice of Ukraine of 08.10.98 of N53/5 (in edition of the order of the Ministry of Justice of Ukraine of 30.12.2004 of N144/5, and to mean stated in explanation of presidium of the Supreme Arbitration Court of Ukraine of 11.11.98 of N02-5/424 "About Some Questions of Practice of Purpose of Judicial Examination" (with subsequent changes and amendments) taking into account features of legal regulation of protection of the rights to intellectual property items.

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