Features of intellectual property analysis in Ukraine and abroad

Abstract

Issues on the implementation of intellectual property analysis in Ukraine, as well as a forensic expert participation in court hearing abroad were considered.

Intellectual property objects belong to a variety of types of art, science, technology and crafts, effective consideration of cases related to protection of intellectual property rights, for a complete and comprehensive study of the subject of examination and providing an expert's concusion becomes possible only in case of attracting specialists, who have special knowledge in a particular field.

The article purpose is to define features of intellectual property analysis in Ukraine and formal requirements for a forensic expert in Ukraine and foreign states.

One of the priority directions of state policy is the protection of intellectual property rights, as the development of this area stimulates innovation in all fields by increasing the country's economy to a new level, and providing it a rightful place at the international level. Also, an increase of scientific potential not only promotes Ukraine's modernization in various fields of science and technology but also increases its defense capability and national security.

Today there is a negative state of compliance with the legislation regulating intellectual property issues, the number of violations of relevant rights is increasing. The reason for such a state is the imperfection of the mechanism of legal protection and protection of intellectual property rights in the field of scientific activity, failure to resolve the issue regarding legal protection of scientific advances, etc. In January 2020, the European Commission made a publication of a report on protection and ensuring intellectual property rights in third countries, according to which (despite all preventive measures) our country was already on the list of countries, where there are serious systematic problems in the field of defense and protection of intellectual rights, causing significant damage to the economic interests of the EU.

Forensic science plays a priority role in introducing advanced achievements of science and technology and promotes the reliability of the proof system in the case. In some cases, the appointment and conduct of a forensic examination are not only necessary but also the only possible means of establishing the truth and solving a litigation.