Expertise of Intellectual Property
One kind of forensic expertise is the expertise related to protection of intellectual property. This expertise is carried out exclusively by qualified forensic experts certified with the Ministry of Justice of Ukraine by court decision or decree of investigating authorities.
At present experts may offer to perform the following types of research:
• expertise of copyright
• patents expertise
• study of trademarks for presence of similarities to the level of mixture
• evaluation of intellectual property
Expertise of copyrights is primarily used in order to establish ownership of work, as well as to reveal its creative nature and study of the object in general.
Examination of the copyright allows to answer the following questions:
– Can we consider provided objects as results of creative activity? What exactly allows us to consider them as result of creative activity?
– What is the apparent novelty of researched materials, what are the qualities that led to conclusion that these objects individually or together are a result of creative work?
– Can we call this object an independent work or processing?
– Is provided object partially or fully subject of the copyrights of another person?
Patents expertise allows to reveal violations of human rights for inventions and utility models and to establish the facts of their illegal use.
Within this research, experts usually respond to the following questions:
– Were any inventions or utility models, patented by other persons, used within product design?
– Does this equipment contain device, patented by another person?
– Were all the elements of the claims, protected by the patent, used within product production?
Intelligent trademarks expertise allows to establish their similarity, assess legality of trademark registration, and also solve issues of infringement for already registered trademark.
Typical questions for this type of research are the following:
– Can we call provided trademarks identical or ascertain presence of similarities between them to the level of mixture? How, by what means has such similarity been achieved?
– Is verbal element dominant in compared trademarks?
– Can we call verbal component used in this trademark original, unique, non-recurrent?
Services on intellectual property protection:
· protection against unfair competition
· registration of intellectual property
· international patenting and patenting in Ukraine (patenting of inventions, factory designs and models)
· trademark registration (Ukrainian and international)
· copyright and related rights protection (protection of intellectual property in Ukraine through legal protection)
consultation and contracts drafting.
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