Download or read book Direct Effect in Ukraine of IPR Provisions from the EU/Ukraine Free Trade Agreement written by Anastasiia Kyrylenko and published by . This book was released on 2019 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2018, the Supreme Court of Ukraine rendered its first ruling concerning the direct effect of the EU/Ukraine Association Agreement: it confirmed the primacy of Art. 198 of the Agreement, referred to cancellation of trademarks for non-use, over similar provisions of Ukrainian legislation. This article approaches the reasoning of the Supreme Court in light of the Ukrainian legal order and previously rendered case law. Considering the absence, in the SCU ruling, of clear-cut criteria to discern directly effective norms, a comparative stance is taken to the available case law from the Court of Justice of the European Union and that of national courts of Central and Eastern European countries before their accession to the Union. It is observed that other factors, beyond the domestic legal order and the content of the agreement at scrutiny, influence a pro-monist interpretation by the judiciary, namely a voluntary approximation of non-EU judiciaries to the acquis. It is argued that, in order to preserve legal certainty and in light of Ukraine's pro-European aspirations, a more teleological interpretation of the Association Agreement should be adopted by the judiciary. In the case of intellectual property provisions, this would help avoiding word-for-word transplantations of foreign norms and preserving 'FTA-flexibilities', contained in the Association Agreement.