THE TOPICAL ISSUES OF FORENSIC EXAMINATION OF INFRINGED RIGHTS OF INTELLECTUAL PROPERTY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article is devoted highlighting the topical issue and the main provisions for the development of forensic examination of infringed rights of intellectual property. The forensic examination of intellectual property objects is considered as the relatively new type of forensic examinations. The aim of this study is to establish the actual data on the properties of the objects, including exploring, analysing and comparing their features. Protection of intellectual property rights requires special knowledge that has the forensic expert on intellectual property issues. The main methodological base of researches of intellectual property objects are legislative acts, and domestic and international practice on these issues. Established the need of introduction for a unified methodology of forensic examination of intellectual property rights protection, involvement and improvement of additional materials for forensic examination. The main objective for examination of intellectual property is to determine the properties of the latter, which include objects of copyright and related rights objects of industrial property. These studies carried out by experts on the appropriate specialities. Forensic experts can conduct the expert study related to intellectual property, upon request of the physical or legal person. The existence of conclusion with results of this study is one of the weighty arguments in the opening of criminal investigation for cause of violations of intellectual property rights, and substantiating evidence or objections by the parties in court. Legal regulation of forensic activity in Ukraine requires improvements by streamlining and updating of legal support in order to improve theeffectiveness of the forensic activity. As the refinement of the system of examination for violated intellectual property rights, the public authority of organisation management and conducting of examinations in Ukraine should be created, which should implement the organisational and legal, scientific, methodical and other necessary forms of support of expert organisations and individual experts. Among the principal directions of updating forensic expert system is the organisation of basic training for specialists in the field of intellectual property. The provisions of the Criminal Procedure Code of Ukraine, Civil Procedural Code of Ukraine, the Code of Ukraine on Administrative Offences and the Customs Code of Ukraine in forensic examination matters needed to be equalised. To solve the problem in carrying out expert studies appropriate to recommend to the Ministry of Justice of Ukraine to adopt the methodology and necessary requirements for the content of documents of a judicial expertise.
Authors and Affiliations
В. О. Петренко, В. Г. Огурченко, Т. А. Воліков
Keywords
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