Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Klimova Завантажень: 9, розмiр: 363.5 KB

DOI: https://doi.org/10.33994/kndise.2021.66.91

N. Klimova

The article analyzes scientific research and summarizes it, published in periodic and scientific domestic and foreign publications, legal documents that are important for determining the material damage caused to the owner as a result of illegal use of industrial property: inventions, utility models.
The article formulates the concept of a patent, which is understood as a legal, technical document issued by an authorized state body, and with the help of which the state certifies the owner’s right to the object of invention or utility model created by him/her.
Any actions aimed at unauthorized introduction into economic circulation of protected industrial property are considered a violation of patent rights.
A patent infringer can be a natural or legal person who uses the invention in violation of the law. The object of violation may not be a specific thing, but a right of indefinite value. The damage occurs as a result of the violation of the monopoly position of the owner of the invention.
To calculate the income from the use of a patented invention, it is necessary to analyze the prices of competitors for similar goods in which the invention is not used. This significantly complicates the calculation and proof; however, it is wrong to assume that all income from the sale of products is income from the use of a patented invention.
Methods for establishing material harm are proposed. The drawbacks that exist when conducting an expert study of intellectual property objects are identified, and ways to eliminate it are proposed.

Key words: patent system, invention, utility model, protectable object, patent holder, property right, compensation for losses, lost profits, calculation of the amount of losses, examination of intellectual property objects.