As the first component of a multi-phase project on the development of a Judicial Intellectual Property Benchbook for Ukraine, CLDP hosted a two-day round table in Kyiv on July 1-2, 2014. The National School of Judges (NSJ) and the Higher Commercial Court of Ukraine (HCC) have identified important problematic issues in the adjudication of intellectual property infringement cases. In June 2012, CLDP held an IP adjudication workshop in Yalta, Ukraine, in partnership with NSJ and HCC, followed by US Consultations in January 2013 for 10 judges from Ukraine’s commercial courts, courts of appeal, and courts of general jurisdiction. These programs acknowledged a need for the development of an intellectual property judicial benchbook to assist the Ukrainian judiciary with their adjudication of intellectual property cases.  Such a benchbook, to be written by the Ukrainian judiciary, would provide practical guidance for Ukrainian judges at every level, on the issues to be considered and steps to be taken in dealing with IP cases.

The round table established the working group for this project, which is composed of judges appointed by the Higher Commercial Court of Ukraine and representatives from the National School of Judges of Ukraine. US Federal Judicial Center Senior Education Attorney Corrin Gee led the initial development efforts over the two days by assisting the participants in defining the purpose and audience of the benchbook; in discussing editing, publication and distribution of the benchbook; and in defining a timeline for the completion of the benchbook.  As a result of the 2 working days, the group determined a draft table of contents as the basis of work and writing moving forward and will work toward a final version of the table of contents for September. They also agreed upon the five members of the editorial board, who are going to participate in the writing process, and elected a board chairman.

The anticipated long term result of this guide will be more consistent, effective and efficient resolution of IP disputes by the Ukrainian judiciary. This in turn will result in a more attractive business and investment climate in Ukraine.