UNREGISTERED INDUSTRIAL DESIGN AS AN OBJECT OF EXPERT RESEARCH: QUESTIONS OF FORENSIC EXPERT THEORY AND PRACTICE

Abstract

The article is devoted to the coverage of topical issues of legal protection of unregistered industrial designs that are the objects of expert research. The innovations concerning their legal regime introduced in connection with the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Strengthening Protection and Protection of Rights to Trademarks and Industrial Designs and Combating Patent Abuse» № 815-IX of 21.07 are analyzed .2020. It is proved that the introduction of both types of legal protection of industrial designs, as short-term – for unregistered and long-term – for registered, is a useful and correct step, especially for short-life products for which there are numerous cases of infringements, which are always extremely difficult to defend. . It is substantiated that despite the lack of practice to protect the rights to unregistered industrial designs in court in Ukraine as of today, given the previous situation regarding infringements, the popularity of the use of unregistered industrial designs by designers of the EU fashion industry should be expected. be quite diverse and bright. It is substantiated that the activity of dishonest manufacturers in the production of cheap imitations, deprives legitimate profits and causes great reputational damage, because manufacturers spend a lot of time and resources, which, in turn, should give impetus to a significant amount of comprehensive research, namely in the field of intellectual property, commodity and economic.