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1. When protection of rights in court is required
You have the right to protect your civil rights if:
- there is a violation;
- There is non-recognition;
- There is a contestation.
You have the right to protect your interest, which does not contradict the general principles of civil legislation. Protection of rights is carried out in court if the parties have not agreed on an out-of-court settlement of the conflict.
Constituent elements of legal protection of rights are:
- analysis of the situation (analysis of documents, initial consultation);
- preparation of legal position, defense strategy;
- approval of the defense strategy;
- collection of evidence;
- drawing up and submitting a statement of claim;
- representation of interests in judicial bodies of all instances;
- drafting and processing of procedural documents
- appealing court decisions;
- participation in negotiations.
2. Who can represent a person's interests in court?
Pursuant to Article 1312 of the Constitution of Ukraine, a bar exists to provide professional legal assistance in Ukraine. A lawyer exclusively represents another person in court, as well as defense against criminal charges.
Exceptions to representation in court may be defined by law:
- in labor disputes,
- in disputes regarding the protection of social rights,
- regarding elections and referenda,
- in minor disputes,
- regarding the representation of minors or minors and persons recognized by the court as incompetent or whose legal capacity is limited.
Article 56 of the Economic Procedural Code of Ukraine establishes that a party, a third party, as well as a person who is legally granted the right to apply to the court in the interests of another person, may participate in the court process in person (self-representation) and (or) through a representative. In the procedure of self-representation, a legal entity may be represented ex officio by its manager or other persons whose powers are defined by legislation or constituent documents. A lawyer or a legal representative can be a representative in court (part one of Article 58 of the Civil Procedure Code of Ukraine). Part four of Article 60 of the Civil Procedure Code of Ukraine, which is a special article of the procedural law regarding the proper confirmation of the powers of a representative in court, provides that the powers of a lawyer as a representative are confirmed by a power of attorney or a warrant issued in accordance with the Law of Ukraine "On Advocacy and Advocacy".
3. Jurisdiction (sub-department)
Sub-department is a set of powers of courts defined by law regarding consideration of cases assigned to their competence.
The following general criteria are the basis for demarcating cases between courts and other jurisdictional bodies:
- existence of a legal dispute or a dispute about the right in the relevant field of legal regulation;
- subject composition of persons participating in the case;
- substantive (subject) composition of the dispute;
- failure to extend the jurisdiction of other jurisdictional bodies to disputed legal relations defined by law.
Therefore, depending on the subject of the dispute and the parties to the dispute, as well as taking into account the grounds of the case in court, it is necessary to distinguish cases that are considered in accordance with different procedural codes, namely:
- cases subordinated to courts of general jurisdiction (civil cases; criminal cases; consideration of cases of administrative offenses);
- cases under the jurisdiction of commercial courts (disputes arising in connection with the implementation of economic activity; other cases in cases specified by law);
- cases subordinated to administrative courts (public legal dispute);
- cases under the jurisdiction of the Supreme Court on intellectual property issues (cases related to intellectual property rights) - at the moment it is not functioning and the cases are considered in other jurisdictions, in accordance with the procedural legislation;
- cases under the jurisdiction of the Constitutional Court of Ukraine (consideration of constitutional and legal conflicts);
- cases subject to arbitration courts (contractual jurisdiction between business entities).
4. Participants in a court case (court proceedings)
Depending on the jurisdiction, different procedural codes apply, in which there are differences in the naming of the parties in the process, for example:
- in cases of legal proceedings, the parties (plaintiff, defendant) and third parties (with independent claims regarding the subject of the dispute or without such independent claims) are participants in the case;
- when considering claims in injunctive proceedings, the parties to the case are the applicant and the debtor;
- bodies and persons authorized by law to apply to court in the interests of other persons (state authorities, local self-government bodies, natural and legal entities) may also participate in cases;
- in cases of appeal against the decision of the arbitration court and the issuance of an order for the enforcement of the decision of the arbitration court, the parties to the case are the participants in the arbitration proceedings, as well as persons who did not participate in the arbitration proceedings, if the arbitration court decided the issue of their rights and (or) obligations ligaments;
- in bankruptcy cases, the composition of the parties to the case is determined by the Law of Ukraine "On restoring the debtor's solvency or declaring him bankrupt";
- in cases of administrative misdemeanors – entities deciding the case, entities with respect to which the case is being resolved, auxiliary participants in the process (witnesses, victims, experts, translators, lawyers);
- participants in court proceedings - parties to criminal proceedings, the victim, his representative and legal representative, the civil plaintiff, his representative and legal representative, the civil defendant and his representative, the representative of the legal entity in respect of which the proceedings are being conducted, the representative of the personnel of the probation authority, a third party, in relation to property which the issue of arrest is being resolved, as well as other persons, upon whose petition or complaint, in the cases provided for by this Code, court proceedings are being conducted;
- participants in the constitutional proceedings are the subject of the right to a constitutional submission, constitutional appeal, constitutional complaint (authorized person acting on his behalf) and the body or official who adopted the act that is the subject of consideration in the Court, as well as involved by the Court in participation in the consideration of the case, bodies and officials, witnesses, experts, specialists, translators and other persons whose participation is necessary to ensure an objective and complete consideration of the case.
5. Way of protection of rights
The list of ways to protect rights is contained in Article 16 of the Civil Code of Ukraine and Article 20 of the Economic Code of Ukraine.
When choosing a protection method, it is important for you to consider that the chosen method:
- must be proper;
- must be effective;
- must be legitimate.
Ways to protect civil rights and interests can be:
- recognition of the right;
- recognition of the deed as invalid;
- termination of the infringing action;
- restoration of the situation that existed before the violation;
- forced performance of duty in kind;
- change of legal relationship;
- termination of the legal relationship;
- compensation for damages and other methods of compensation for property damage;
- compensation for moral (non-property) damage;
- recognition of illegal decisions, actions or inaction of the state authority or local self-government body, their officials and employees;
- another way established by the contract or the law or the court in the cases defined by the law (for example: termination of actions that create a threat of violation of the right).
Lawyers and attorneys of the DESTRA Patent and Legal Agency have been providing professional legal assistance in court proceedings in the courts of Ukraine for more than 20 years. The main specialization is protection in cases related to intellectual property rights (copyright, related rights, trademarks, industrial designs, utility models, inventions). You need professional legal assistance - contact us, we will help you.
Litigation
6. Services for the protection of intellectual property rights
| Description | Cost, UAH. | |
| 70401 | Research and provision of an expert's opinion within the framework of a court case - coef. 1 | 5000.00 |
| 70402 | Analysis of the case file and opinion on the expected trial outcome — coef. 1 | 5000.00 |
| 70403 | ATTORNEY'S FEE for drafting a statement of claim, response to a statement of claim and other litigation documents — coef. 1 | 5000.00 |
| 70404 | SERVICE regarding representation in courts, law enforcement agencies, the Antimonopoly Committee of Ukraine, the State Customs Service of Ukraine, etc. - coefficient 1 | 5000.00 |
7. Free consultations on the protection of intellectual property rights
We provide consultations on procedures for the protection of intellectual property rights in Ukraine and abroad, as well as written materials.
The following are provided free of charge:
- The first 15 minutes of an oral consultation regarding procedures for the protection of intellectual property rights;
- Standard written materials regarding procedures for the protection of intellectual property rights.
In most cases, free consultations and basic written materials are enough to make a decision to start working with us.