Expert examination of intellectual property objects in judicial and non-judicial processes

Abstract

The publication presents the results of a study on the specific features of the application of specialized knowledge in judicial and extrajudicial proceedings in the resolution of disputes related to the protection of intellectual property rights. The focus of this study stems from thefact that, in the process of developing an effective and modern system for the protection of intellectual property rights in Ukraine, there is a need to address a number of academic and practical challenges, particularly regarding the refinement of methodological principles for theapplication of specialized knowledge during forensic examinations and extrajudicial expert investigations. The purpose of the study is to analyze the specifics of applying specialized knowledge in judicial and out-of-court proceedings when resolving cases involving the protection of intellectual property rights. The methodological basis of this work consists of general scientific methods (analysis, synthesis, generalisation, description, systematisation, etc.) and specialised methods, including the generalisation of practices in forensic expert work. This approach made it possible to comprehensively consider both procedural and non-procedural aspects of the appointment and conduct of forensic examinations and expert studies in the field of intellectual property. The scientific novelty of the study lies in a comprehensive approach to improving the methodological foundations for the application of specialized knowledge in conducting forensic examinations and non-pro-cedural expert studies in the field of intellectual property, taking into account the need to create conditions for enhancing the effectiveness of intellectual property rights protection in Ukraine by specialized institutions, as well as for the development of forensic expertise in the field of intellectual property. The conclusions indicate that, in the consideration of disputes related to intellectual property objects, the need for the application of specialized knowledge arises both in judicial proceedings (primarily in civil, commercial, and criminal litigation) and in extrajudicial processes. The necessity of using specialized knowledge within the framework of extrajudicial protection of intellectual property rights may arise in the following cases: suspension of customs clearance of goods suspected of infringing intellectual property rights; consideration of cases involving violations of legislation on the protection of economic competition (in the field of the use of intellectual property objects) by the Antimonopoly Committee of Ukraine; administrative appeals before the Appeals Chamber of the Ukrainian National Office forIntellectual Property and Innovations against decisions on the acquisition of rights to intellectual property objects, as well as applications for the full or partial invalidation of such rights; mediation procedures and pre-trial dispute resolution in the field of intellectual property; managerial decision-making by company leadership, as well as the assessment by the parties to a dispute of their legal positions, etc.