PECULIARITIES OF APPLICATION OF LEGISLATIVE PROVISIONS ON COPYRIGHT AND RELATED RIGHTS WHEN CONDUCTING FORENSIC EXAMINATIONS IN THE REPUBLIC OF ARMENIA

Abstract

The article is devoted to the current problem in the Republic of Armenia concerning the legal application of legal provisions on copyright and related rights in forensic practice. This issue has been little studied and needs further research, as scientifically based forensic examinations and expert studies of intellectual property in the National Bureau of Expertise of the Republic of Armenia have been conducted only in the last five years. To understand the current situation in the country related to the research topic, the legal acts that currently regulate and protect copyright in the Republic of Armenia are listed. The article highlights and describes the characteristics of the concept of «copyright», as well as identifies works that are not subject to copyright. Based on the generalized practical experience of conducting forensic examinations on copyright and related rights, it is noted that these examinations are primarily related to the calculation of the amount of damages. The article also raises the issue of possible registration or transfer of ownership of custody, on a voluntary basis, to non-governmental, non-profit, public organizations. Considerable attention in the article is paid to the articles of the Law of the Republic of Armenia on Copyright and Related Rights, which relate to the validity of property rights, inheritance and transfer of copyright. The authors argue that the awareness of the author and user of the work of the scope of their own rights is an important element to prevent violations of the rights to use the work. The article substantiates the idea of the importance of ensuring copyright protection not only in the country where it was created, but also abroad, and as a solution, cites the experience of the Republic of Armenia, which chose to replace national legislation with multilateral international treaties. This trend, taking into account the introduction into everyday life of digital technologies that eliminate the concept of «territorial boundaries», is also extended by discussing the features of the legal protection of computer programs. Particular attention in the final part of the article is paid to forensic research of intellectual property, conducted in the department of forensic science of the National Bureau of Expertise of the Republic of Armenia.