PECULIARITIES OF FORENSIC EXAMINATION IN THE FIELD OF INTELLECTUAL PROPERTY

Abstract

The purpose of the article is to substantiate peculiarities and to analyze the possibilities of forensic examination in the field of intellectual property during a pre-trial investigation. Methodology. The reliability of the obtained results and conclusions is ensured by the use of generalization method, statistical methods and method of analysis. Generalization method was used to form the research results of scientific sources about objects of an intellectual property right, main tasks and subject of forensic examination in the field of intellectual property and highlighting of relevant types of expert research. Statistical methods and method of analysis were used to analyze the expert practice in the field of intellectual property and to determine the list of issues that are peculiar to this type of forensic researches, which are solved during carrying out of all expert researches. Scientific novelty. The list of issues, which are solved during carrying out of the main types of expert researches within the framework of forensic research in the field of intellectual property, was determined based on the results of expert practice generalization. Conclusions. The author analyzed the possibilities of forensic examination as one of the most effective forms of special knowledge application and outlined the tasks of a forensic expert, which are formed and set for the decision of forensic examination, in the research of intellectual property rights, given the need to establish certain objective data that are of practical importance for clarifying the truth in the case. The author emphasizes that the investigation of intellectual property offenses requires the use of special knowledge in various fields of science and technology, namely – mandatory involvement of competent, knowledgeable persons (specialists, forensic experts) for professional advice, participation in certain investigative actions, research of various objects of intellectual property rights within forensic examination, which is a relatively new area of special knowledge application and, unlike other types of forensic examinations, allows to establish actual data on the qualities, characteristics, patterns of creation and use of objects.