Supreme Commercial Court of Ukraine (hereinafter - SCCU) presented the rules of implementation of intellectual property law provisions in judicial practice.

 Thus, the Resolution of the Plenum of SCCU "On some issues of dispute resolution practices related to the protection of intellectual property rights" from 17.10.2012 № 12 (hereinafter - the Resolution) chooses position that the lack of guilt of the offender does not exempt him from the obligation to stop the violation of intellectual property rights, as well as does not preclude the application of measures to protect such rights against him. In particular, the publication in the media of information about violations of intellectual property rights and scope of relevant court decision, as well as actions that violate intellectual property rights termination, must be made independently from the guilt of the offender.

 The court also indicates, that receiving a petition on provisional remedies courts should not apply the rules of Commercial Procedural Code of Ukraine (CPCU) regarding rejecting the claim, its returning and leaving the claim without consideration (articles 62, 63 and 81 of the CPCU respectively). However, this does not relieve the side from rationale of application of such measures.

 In general, the Resolution considers many important issues of implementation of substantive and procedural law provisions during protection of the intellectual property rights.