The Ukrainian Delegation with Beate Schmidt (mid-left), President of the Federal Patent Court, Dr. Stefan Hülshörster (second from right), Managing Director of the IRZ, and Dr. Nikolaus von Hartz (right), Judge at the Federal Patent Court.
The Ukrainian Delegation with Beate Schmidt (mid-left), President of the Federal Patent Court, Dr. Stefan Hülshörster (second from right), Managing Director of the IRZ, and Dr. Nikolaus von Hartz (right), Judge at the Federal Patent Court.

From 11 to 14 December 2017 a delegation of the High Judicial Qualification Commission (HRQA) of Ukraine held expert talks in Munich.

Ukraine is currently undergoing a judicial reform in the course of constitutional changes. Within this reform it is planned to establish an independent Supreme Court for intellectual property issues. The HRQA is currently dealing intensively with determining the criteria for the qualification and selection of future judges for the court. This applies in particular for the so-called technical judges who have undergone scientific-technical training.

Since the IRZ tries to support the Ukrainian judicial reforms in many ways with expert recommendations and advice, advice regarding the establishment of such a new court fits into the IRZ’s consultation concept.

First, the Ukrainian experts gathered information about the foundations of selecting judges for the German judicial system in two talks complementing each other. They met with Andrea Titz, Director of the Local Court of Wolfratshausen and Chairwoman of the Bavarian Association of Judges, and Lore Sprickmann Kererinck, Presiding Judge at the Higher Regional Court of Munich, Deputy Chairwoman of the Bavarian Association of Judges and Deputy Chairwoman of the Board of the German Association of Judges.

After the President of the Regional Court of Munich, Dr. Hans-Joachim Heßler, had welcomed the Ukrainian guests, Dr. Martin Ebner-Vittinghoff, Judge at the Regional Court of Munich, explained the specifics of the infringement procedures before courts of general jurisdiction.

There were further expert talks with Marielle Piana at the European Patent Office, in which the efforts setting up a European Patent Court were also discussed.

In a comprehensive and intensive discussion round with the President of the Federal Patent Court, Beate Schmidt, and Dr. Nikolaus von Hartz, Judge at the Federal Patent Court, the issues of revocation proceedings and in particular the qualification and selection of patent judges were discussed. Later, the participants had the opportunity to participate in a court hearing of the VI Senate.