PRACTICE OF DETERMINATION OF LOSSES AS A RESULT OF ILLEGAL USE OF INTELLECTUAL PROPERTY OBJECTS

Abstract

The article substantiates the relevance of assessing of material losses as a result of infringement of intellectual property rights. A study of the legal basis for assessing material losses to holders of intellectual property objects in violation of their exclusive rights. Methodological approaches to the assessment of material losses in the case of misuse of intellectual property are systematized. It is noted that in world practice the classical estimation approaches to determination of material losses, quantitative methods and mixed (complex) approaches are used. The methodology of estimation of material losses of holders of intellectual property objects according to the specified methodical approaches is considered. Their advantages and disadvantages in the Ukrainian realities are determined. The main difficulties that arise in the practical application of methodological approaches to the assessment of material losses in forensic activities are identified. The author’s results of the research are the practical application of a number of methods for assessing material losses in forensic activities. The stages of assessment of material losses as a result of violation of exclusive rights in accordance with the applied methodological approaches and the collected information-analytical and evidence base for the assessment are given. The results of practical application of methods of assessment of material losses from infringement of intellectual property rights are presented and the cost estimation of the incurred losses at illegal use of IPR is defined. The amount of material losses of the right holder due to the sale of counterfeit products (software) by the method of «price per quantity» using the price of the licensed software product, which is equivalent to the author’s fee. The practical aspects of material damage assessment using the method of determining royalties by the income approach are presented. The main problems of practical application of methodical approaches to the assessment of material losses as a result of violation of exclusive rights to intellectual property are identified. The necessity of creating a single objective methodological basis for assessing the material losses of right holders in Ukraine is substantiated.