THE ESSENCE AND CONTENT OF FORENSIC EXPERT ACTIVITY IN THE SPHERE OF INTELLECTUAL PROPERTY

Abstract

The research has identified that the examination in the sphere of intellectual property establishes the factual data on the properties, features, regularities for the creation and use of objects that are specific particularly for this class of forensic examinations the objects of the intellectual property rights. The main tasks include the following: the identification of the features of the intellectual property object in the object referred to study; the study into the conformity of the object with the criteria necessary to grant legal protection (novelty, industrial applicability, etc); the identification of the fact of the use of the intellectual property object’s body of features; identification of the fact of the copyrightable object’s reproduction; the calculation of the value of the property rights for the objects of intellectual rights and calculation of damages incurred due to their infringement. The nature of the expert’s special knowledge is conditioned by the knowledge of properties and features of intellectual property objects, regularities of their creation and use, calculation of their value, incurred damages and economic transactions regarding these objects as well as methods and means used to solve the tasks.