FORENSIC EXAMINATION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE AS A FUNCTION OF THE UKRAINIAN STATE: FORMATION AND DEVELOPMENT

Abstract

The publication explores the theory and practice of forensic examination of intellectual property rights as an important function of the modern state in Ukraine. It is noted that the modern constitutional states of the world are multifunctional and, due to social, scientific and technological progress, as well as other factors, carry out more and more diverse functions in their activities. Relevant functions (from the Latin functio – «implementation », «fulfillment») of the state, embodying the priority ways of development and activity of the state, determine the main directions and types (parties) of its activity, interaction with citizens and civil society. Notable trend of functioning of the states in the XXI century. The role of innovation in their development and the full utilization of the potential of intellectual capital, namely: copyright, including computer programs, inventions, utility models, industrial designs, know-how, etc., have been enhanced to increase the gross national product. The prerequisites for the approval and genesis of forensic examination on intellectual property in Ukraine and abroad as a function of the state are analyzed. It is noted that some elements of expert activity have been known by the court since the time of the “Russian truth” (city crime survey, etc.), but the division of functions of justice and forensic examination has been taking place in Europe only since the XVII-XVIII centuries. On the territory of Ukraine, forensic examination is beginning to be established in the judicial charters and activities of “certified people” in the court sessions of the second half of the XIX – at the beginning XX century. Institutionalization of the forensic activity of the state takes place on the territory of Ukraine in 1913 with the establishment of offices of forensic examination in Kiev and Odessa. Intellectual property was born in Europe in the XV-XVIII centuries with the rice of copyright and privileges, the first known of which is considered the publishing privilege granted to Professor Petro de Ravenna a nuncupato a Memoria by the Venetian Republic in 1491.Further development of copyright and patent law led to its judicial protection and the birth of forensic research, the primary object of the study of which was copyright. It proves that in the Russian empire, starting with the mid. XIX century, functions of forensic examination of copyright objects through state (imperial) universities, half of which were located in Ukraine at that time (Kyiv, Odessa, Kharkiv). The further genesis of the forensic examination of intellectual property rights in Ukraine during the national revolution of 1917-1920, during the Soviet era and during the independence of Ukraine is revealed. It is noted that the normalization in the Constitution and laws of Ukraine, as well as the institutionalization in the activities of the Section for forensic examination of intellectual property rights of the scientific advisory and methodological council for forensic expertise at the Ministry of justice of Ukraine (since 2002) and the Scientific and Research center of forensic expertise on intellectual property issues (since 2004) contributed to the establishment of forensic expertise of intellectual property rights as an independent function of the Ukrainian state. It is concluded that the content of this function for today is to provide the Ukrainian state with the carrying out of forensic examinations and expert studies of intellectual property rights to meet the needs of courts, pre-trial investigation bodies and at the request of individuals and legal entities, as well as systematic scientific and scientific- methodological support of this type of forensic activity.