As is known, getting a positive court decision does not mean, that the case is won. Main difficulties usually arise during judgment execution. It is known, that more than half of judgments simply does not arise, the other part, though executed by public performers, but very slowly. This is a consequence of inefficient system of judgment execution.
The issue of protection of intellectual property stays not in the best condition. Today, the owner of the object of intellectual property can effectively protect yourself only with significant financial and human resources.
However, we hope that, in the next two years, the situation will slowly move in favor of the owners of intellectual property in consequence of reforming the system of judgment execution.
Recently, by the President of Ukraine, signed two laws to reform the system of judgment execution – “About enforcement proceeding” and “About the bodies and persons, engaged in the execution of judgments and decisions of other bodies”.
As is known, mentioned laws introduced activity of private enforcement agents, activity of which has to change the sad statistics in part of judgment execution.
From the contents of the above laws is clear, that private enforcement agents can actually do all the kinds of judgments, that are typically found in disputes about intellectual property rights, such as: compensation for damage; commitment offender to take certain actions or refrain from committing them; withdrawal from civil circulation of goods manufactured or put in public circulation with violation of intellectual property rights and the destruction of such goods; withdrawal from civil circulation of materials and tools that are used primarily for production of goods with infringement of intellectual property rights or the removal and disposal of such materials and tools.
So, at the disposal of the owner of the object of intellectual property will be available real mechanisms to implement court decisions about protection of rights.
Roughly, these reforms will be felt next spring, when the legislation about private enforcement agents takes effect.
The text of the Law of Ukraine “About enforcement proceeding” and “About the bodies and persons, engaged in the execution of judgments and decisions of other bodies” can be found under the following links: