PREHISTORY OF FORMATION OF FORENSIC INTELLECTUAL PROPERTY ANALYSIS IN THE CONTEXT OF FORENSIC ACTIVITY GENESIS IN UKRAINE (FROM THE TIME OF KIEVAN PRINCIPALITY TO THE FIRST WORLD WAR) (Review Article)

Abstract

Preconditions for emergence of forensic intellectual property analysis in Ukraine and abroad in the period from the 10th to the beginning of 20th century in the context of forensic science genesis are comprehensively analyzed in the article. The following sources of court proceedings of the Kyivan Principality (Russia) Epoch and the so-called “Dark ages” (in the 12th/14th centuries), as “Russkaya Pravda”, treaties of appanage princes with grand princes and between each other, charters and letters patent of princes, sudebniky, etc., along with the Statutes of Lithuania (16th century) and others are considered. It is argued that emergence of forensic science in Europe was linked to origin and nature of evidence in court proceedings. Forensic experts are involved when their findings become legitimate evidence for court in criminal and civil proceedings. It is emphasized that for the first time the procedural status of a forensic expert as the “third party expert” is regulated in the Statute of Criminal Procedure of the Russian Empire of 1864 (Articles 112, 690, 691, 692, 698, etc.).

It is noted that the establishment of forensic activities in the field of intellectual property was preceded by legitimization of intellectual property rights in Austria-Hungary, England, Spain, the Netherlands, Germany, Russia, the USA, France in the 18th century, as well as the establishment of administrative and judicial mechanisms for its protection. At the same time, the practice of involving experts in consideration of copyright disputes over scientific, literary and artistic works, inventions, etc., was uncommon in the 19th century.

In 1913, offices of forensic science under the prosecutors of the Kyiv and Odessa Judicial Chambers, which contributed to institutionalization of forensic activities and professionalism of forensic experts were established. These circumstances created conditions for initiation of forensic intellectual properrty analysis. However, the First World War pushed the litigation over the right to intellectual property to the background.