FINAL STAGES OF STANDARDIZATION OF TERMINOLOGY (DEFINITION) OF LEGAL EXAMINATION OF OBJECTS OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE AND HARMONIZE PROSPECTS (ISO)

Abstract

The publication continues to consider the current issue of today – national standardization of the terminology (definitions) of judicial examination of intellectual property rights in Ukraine. In this context, it should be noted that the relevance of this issue is evidenced by the relevance of the forensic expertise on intellectual property issues, which has been distinguished in Ukraine as an independent type of expertise since 2002. In this paper the final stages of development of the national document (ND) “Forensic Examination of the Objects of Intellectual Property Rights” are noted and described in detail. Terms and Definitions “, namely: 1) development of the second (next) edition of the draft national ND; 2) formation of the case of the national ND. The issues raised during the implementation of the national ND are identified. In particular, different view of the subjects of forensic activity on the definition of terms in the specialty 13.9 “Economic research in the field of intellectual property”: “income of the right holder”, “losses due to the misuse of intellectual property objects”, “lost profit due to misuse objects of intellectual property rights ”and features of translation of the terminology of judicial examination of objects of intellectual property rights. The defining mission of the Subcommittee is underlined № 5 “Expertise of Intellectual Property Rights” of Technical Committee 192 “Judicial Expertise” on the draft national document (ND) of DSTU 0000: 20XX “Judicial Expertise of Intellectual Property Rights. Terms and definitions ”in the field of national standardization. The paper describes the follow-up to the National ND. In particular, the prospect of harmonization of this standard with international and European ones. The conclusion is drawn that the harmonization of the Ukrainian national standard of the series “Forensic examination of objects of intellectual property rights. Terms and definitions ”with international and European needs not only urgent solution, but also consolidation of efforts of specialists of different fields of knowledge, taking into account prompt response to the development of new information technologies. The result of the work on the National ND will facilitate the work of research institutions of judicial expertise, law enforcement agencies and courts, in particular; increase the level of forensic justice in line with international best practices.