V. Fedorenko, T. Chabanets, O. Foia

DOI: https://doi.org/10.33994/kndise.2020.65.60

V. Fedorenko, T. Chabanets, O. Foia

The publication is devoted to the current problems of the theory and practice of providing by the officials of the specialized unit of the customs authority, in which, according to the official instructions, the functions performed to promote the protection of intellectual property rights and officials of the customs clearance unit of the customs authority of Ukraine. It is also considered the effective control over the movement of goods containing signs objects of intellectual property rights, as well as substantiation of proposals for improvement of the relevant law enforcement practice.

Investigations, using special knowledge of forensic expertise are problematic questions concerning definition of the volume of rights of a utility model protected by a patent; the essential features that can be characterized by the object (product) protected by the patent for a utility model; requirements for the formulation of signs of a utility model established today by the current legislation. This is also concerned the determination of the technical nature and specific features of the object (product) subject to customs clearance, and regarding which there are questions of violation of the intellectual property rights; interpretation of the patent formula without studying the patent description for a utility model. There are also principles that should be guided by the allocation of signs in accordance with the formula of the utility model; identification of signs of an object (product) subject to customs clearance; principles that should be guided by comparable features of a formula protected by a patent with signs of an object (product) subject to customs clearance, etc.

The proposals for improving the practice of preventing the customs authorities from moving counterfeit goods the importation of which into the customs territory of Ukraine or removal from this territory is a violation of intellectual property rights is substantiated.

Key words: object of intellectual property right, invention, utility model, patent for utility model, customs authority, counterfeit goods, Customs Register, court expert on intellectual property issues.