The issue of the participation of the patent attorney in the legal proceedings of disputes regarding intellectual property rights

The article raises the issue of the need to endow a patent attorney of Ukraine with a special procedural legal personality for the representation of participants in cases related to intellectual property rights. It is emphasized that intellectual property disputes have features that require the involvement of patent attorneys who have the appropriate technical education, understand the features of drafting patent application materials and other patent documentation, and are also competent in formal procedures related to obtaining a patent. Based on the analysis of foreign experience, in particular the USA, Great Britain, and the EU, it is proposed to introduce a differentiation of certification of patent attorneys: with the right of judicial representation and without such a right (at the candidate’s choice). It is also substantiated to provide an opportunity for already registered patent attorneys who wish to obtain competence for professional representation in court in disputes regarding intellectual property rights, to undergo additional training and certification in order for them to acquire the right to provide professional representation services in court when considering cases regarding intellectual property. It is proposed to define the rights, obligations, professional prohibitions and legal responsibility of the patent attorney of Ukraine, outlining his special procedural legal personality in the field of intellectual property. It is proposed to enshrine the special procedural legal personality of the patent attorney in special laws in the field of intellectual property or in a special law that would establish the legal status of the patent attorney of Ukraine, or if the High Court on Intellectual Property becomes operational, in the law that will regulate the activities of this judicial body. It is proposed to expand the definition of legal assistance with specialized professional legal assistance in the field of intellectual property provided by patent attorneys of Ukraine. The definition of «specialized legal assistance in the field of intellectual property» is formulated as «providing legal services aimed at ensuring the implementation and protection of intellectual property rights, their restoration in case of violation».