Role of the expertise in the proof process of infrigement of intellectual property rights: in the context of judiciary reform

Abstract

In connection with the change of judicial norms that regulate forensic expert activity, and also introduction in an action in Ukraine of the Supreme Court of Intellectual Property, the special actuality is acquired by finding out of role of judicial expertise in the proof process of finishing telling of the circumstances related to infringement of intellectual property rights or recognition of such rights.

 

Involving professionals with special knowledge to establish certain facts is widely used in many countries, including those in countries where specialized courts operate. For this purpose, persons with special knowledge are involved, in particular, forensic experts, patent attorneys, well-known scientists in a certain field of knowledge and other specialists. Only in Ukraine currently the study of objects of intellectual property rights is carried out within the framework of a separate direction of forensic examination.

 

In connection with creation of the specialized court and special preparation of judges, the separate categories of legal cases on intellectual property probably will decide without setting of judicial examination. This will provide an opportunity to ensure the principle of reasonableness of the timing of cases, which is determined by the new edition of the Commercial Procedural Code of Ukraine, and to some extent, will reduce the court costs of the parties. Establishment of certain facts will in future require bringing in of corresponding specialists.

After creation in Ukraine of the Supreme Court of Intellectual Property and introduction to the action in Commercial Procedural code of norm about possibility to the case participants independently to give the conclusion of expert in a court, a role and value of expert researches in proving of infringement of intellectual property rights will grow substantially. Thus, it will raise requirement to quality of the given conclusions, their plenitude, scientific validity and objectivity. In future at a choice by a court or participants of matter of expert or expert institution the special attention will be spared to qualification of expert, his practical experience in the decision of certain expert tasks, and also folded reputation.