Examination for judicial positions in the High Court on Intellectual Property was held
On October 3, 2018, the High Qualification Commission of Judges of Ukraine conducted an examination in the framework of the qualification evaluation of candidates who take part in the competition for 21 vacant positions of a judge of the High Court on Intellectual Property.
210 people were admitted to the competition, including judges, patent attorneys and lawyers. Actually, 148 people attended the exam. Candidates took anonymous written testing and case study.
For two and a half hours, the contestants responded to 120 test questions, each of which had four answers, including only one correct answer.
The case study had been taken for five and a half hours. The participant of the exam had to continue the text of a model judgment based on the results of the consideration of the merits of a model case.
At the briefing of the Commission’s leadership, which began immediately after the commencement of the test, the Chairman of the Commission Mr. Sergii Koziakov noted that that was the first competition to a specialized court and added that in those days the Commission would announce a competition to the Appeals Chamber of the High Court on Intellectual Property.
The Deputy Chairman of the Commission Mr. Stanislav Shchotka stressed that the creation of the High Court on Intellectual Property showed that Ukraine was adopting best international practices, since over the last ten to fifteen years the number of countries with courts on intellectual property had significantly increased. Such a court is able to provide the main factor for today - not only to protect violated rights, but also to demonstrate the unity of judicial practice and predicted result. In his opinion, the number of candidates present is also possible due to the high level of test questions. “Statements that people will not take part in the competition, among other things, may be fed on the fact that when the test base was released, it became clear that competition would be difficult. Candidates noted a high level of questions compared to other jurisdictions where there are traditionally known things. “This segment is rather specific, said Mr. Stanislav Shchotka. In addition, candidates are looking forward to the HQCJU announcing a competition to the Appeals Chamber. We know for sure that there are candidates who will give preference to this competition”.
Also, the member of the Commission noted that in order to proceed further, the participants should score at least 54 points (84 best candidates will proceed to the next stage) and at least 72 points for the case study. “63 candidates who are the best according to the sum of points will be admitted to the next stage - interviews with the members of the HQCJU”, he said.
It should be noted that the High Court on Intellectual Property will hear the following cases: disputes concerning rights to an invention, utility model, industrial design, trademark, commercial name; disputes regarding registration and accounting of patents and certificates; recognition of a trademark to be well known; disputes over a copyright and related rights; disputes regarding the disposal of material intellectual property rights; on protection against unfair competition and appeal against AMCU decisions on these issues.
We are recalling that on September 29, 2017, the High Court on Intellectual Property was established by a Decree of the President of Ukraine. And the next day, on September 30, 2017, the High Qualification Commission of Judges of Ukraine announced a competition for 21 judicial positions in this court.
International and national observers monitored the competition to the High Court on Intellectual Property: representatives of the European Union Project “Support to Rule of Law Reforms in Ukraine (PRAVO-JUSTICE)”, the Ukrainian-Canadian Project “Support to Judicial Reform”, the OSCE Project Co-ordinator in Ukraine, the American Chamber of Commerce in Ukraine, representatives of the Ukrainian Bar Association, NGO “Universal Examination Network”, NGO “Ukrainian Institute of the Future”, etc. and more than 30 journalists from the national mass media.
On October 04, 2018, the High Qualification Commission of Judges of Ukraine composed of the Qualification Chamber with the participation of the Chamber for Selection and Public Service of Judges, having considered the issue of approving the coded results of anonymous written testing at the examination stage during the qualification evaluation within the framework of the competition procedure for vacant judicial positions in the High Court on Intellectual Property, announced by the HQCJU on September 30, 2017, determined that 148 participants had attended the exam. There were no violations of discipline. The scanning and processing of blank forms of anonymous written testing was carried out on the day of testing in the premises of its conducting (Kyiv, Salyutna St., 2B).
The Commission decided to approve the rating coded results of the anonymous written testing taken on October 03, 2018.
86 participants were recognized as those who had successfully completed anonymous written testing and would continue to participate in the exam.
62 participants were recognized as those who had not completed the anonymous written testing and stopped participating in the exam.
