МЕЖІ КОМПЕТЕНЦІЇ ЕКСПЕРТА ПРИ ПРОВЕДЕННІ СУДОВОЇ ЕКСПЕРТИЗИ ДЕЯКИХ ОБ’ЄКТІВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Abstract

The article examines the limits of the expert's competence in conducting forensic examination of intellectual property objects, and defines  the range of issues to be resolved in its conduct. It also identifies the main aspects of intellectual property protection in Ukraine, the subject matter, objects and tasks that are solved in the examination of copyright and related rights.

Intellectual property rights are those measures that are applied in cases where the rights to a particular intellectual property are infringed or challenged. According to the current legislation of Ukraine, it provides for the activity of the authorized state bodies for recognition, restoration of rights, as well as elimination of obstacles that are in the way of realization of the rights and legal interests of the subjects of the right in the field of intellectual property. This activity shall be carried out in accordance with the procedure established by law, that is to say, using the appropriate form, means and means of protection. It is worth noting that the protection of intellectual property rights through the courts is the most effective and effective way of establishing the truth.

The properties and specificity of intellectual property objects give rise to some peculiarities of the procedure for resolving legal disputes arising from the creation and use of these objects.

The peculiarity of such disputes is that they usually relate to specific (in particular technical) issues that require the specific competence of specialists in various fields of science and technology. That is, they cannot be resolved without the use of specialized knowledge in a particular scientific or technical field and, accordingly, require the involvement of forensic experts.

The main provisions of the article are focused on the free possession of methods of research of different material media, the formation, active development and improvement of skills and abilities in all kinds of mental-practical activity in the conditions of preventing epistemological errors, which is especially relevant for a forensic expert.