scholarly journals Forensic Valuation of Intellectual Property

2019 ◽  
Vol 14 (3) ◽  
pp. 40-45
Author(s):  
A. Ya. Asnis ◽  
M. A. Ivanova ◽  
Sh. N. Khaziev
Keyword(s):  
Intellectual Property ◽  
Value Assessment ◽  
Criminal Cases ◽  
Forensic Examination ◽  
Patent Rights ◽  
Forensic Institutions ◽  
Evidence Analysis ◽  
Analysis Computer ◽  
New Type ◽  
Special Knowledge

Valuation of objects of intellectual property can be important when considering civil disputes, criminal cases of copyright and related rights infringements, criminal bankruptcies, cases of administrative offenses (violations of copyright and related rights, inventor’s and patent rights). At present, there is no generally accepted and accessible methodology of forensic valuation of intellectual property items.The main aspects of the forensic valuation of intellectual property are reviewed. It is shown that when assessing the value of intellectual property special knowledge should be applied in the field of forensic merchandising expertise, forensic economics, as well as other kinds and types of forensic expertise according to the characteristics of the intellectual property in question: forensic trace evidence analysis, computer forensics, forensic linguistics, forensic materials analysis, etc. It is necessary to develop and implement a new type of forensic examination in the forensic institutions of the Ministry of Justice of the Russian Federation - forensic examination of intellectual property which will also include the value assessment of such objects.

scholarly journals INTERNATIONAL EXPERIENCE IN THE USE OF THE EXPERTISE IN CASES RELATED TO INTELLECTUAL PROPERTY

2020 ◽  
Vol 16 (4-2) ◽  
pp. 165-175
Author(s):  
Антон Савенко
Keyword(s):  
Intellectual Property ◽  
The United States ◽  
Scientific Methods ◽  
Legal Proceedings ◽  
Foreign Experience ◽  
Forensic Examination ◽  
Foreign Countries ◽  
Forensic Institutions ◽  
New Type ◽  
General Scientific

In the context of digitalization of the economy and the growing number of legal proceedings related to intellectual property objects, there is a need to form a forensic examination of intellectual property objects as a new type of expertise produced by state forensic institutions. In order to form this new direction, it is necessary to study foreign experience of using the expertise in such cases. Purpose: to study the experience of using the expertise in cases of intellectual property objects in some foreign countries. Results: general dialectical method, in particular methods of formal logic, a number of general scientific methods such as comparison, description, etc., as well as special scientific methods: formal-legal, comparative-legal. Conclusions: the study shows different approaches to the organization of legal proceedings using expertise in the courts of Germany, Japan, Ukraine and the United States. This foreign experience will help to form Russian approach to the forensic examination of intellectual property objects.

scholarly journals POSSIBILITIES OF FORENSIC VETERINARY AS A NEW TYPE OF FORENSIC SCIENCE

2019 ◽  
Vol 19 (1) ◽  
pp. 550-567
Author(s):  
I. Yatsenko ◽  
L. Derecha
Keyword(s):  
Veterinary Medicine ◽  
Animal Husbandry ◽  
Criminal Proceedings ◽  
Forensic Examination ◽  
Wide Range ◽  
Improper Use ◽  
Forensic Institutions ◽  
New Type ◽  
Special Knowledge ◽  
Cruelty To Animals

The article is devoted to a new type of forensic examination - forensic veterinary examination. Possibilities of forensic veterinary examination are substantiated. A description is given of the subject, objects, subject, tasks of the forensic veterinary examination, a list of questions that are put to the expert to solve them. It is shown that new and existing types of criminal acts contribute to the growth of tension in the world and cause the emergence of new objects and tasks of expert research, and, therefore, new special knowledge, the latest research methods and tools are needed. The need to open a new type of forensic examination in the system of forensic institutions of the Ministry of Justice of Ukraine, forensic veterinary examination, is due to the fact that violation of quarantine conditions, purchase and sale of animals, their improper use for breeding and other purposes, poaching, cruelty to animals, as well as a violation of the rules for the disposal of corpses leads to criminal proceedings and court cases, and, consequently, the need for a forensic examination. Forensic veterinary examination covers a wide range of knowledge and research relating to live animals, their corpses, livestock, medicines used in veterinary medicine, documentation. Opening of a new expert specialty - “Forensic Veterinary Expertise” in the system of the Ministry of Justice of Ukraine contributes to the solution of many issues that arise in law enforcement in investigating offenses related to objects of veterinary medicine and animal husbandry, enriches new opportunities for domestic forensic activities, creates relevant prospects for research in this field.

scholarly journals TO THE QUESTION OF INTERDEPENDENCE OF THE EUROPEAN INTEGRATION PROCESSES AND INTEGRATION TENDENCIES OF SPECIAL KNOWLEDGE IN UKRAINE

2017 ◽  
Vol 17 ◽  
pp. 152-158
Author(s):  
E. B. Simakova-Efremian
Keyword(s):  
European Integration ◽  
Quality Standards ◽  
Legal Practice ◽  
Minimum Standards ◽  
Forensic Expertise ◽  
Forensic Examination ◽  
The World ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
Globalized World

In the conditions of world globalization, the interdependence of the countries of the world, their transformation into a single global organism, which has its own laws and tendencies of development, is growing ever more. Globalization, like any complex and multifaceted phenomenon, has certain consequences that significantly affect the historical destinies of countries and peoples. Globalization concerns the issues of the development of law and judicial sciences. The holding of the First Kharkiv International Legal Forum "The Law and Problems of Sustainable Development in the Globalized World" is a peculiar confirmation of this. During the opening of the Forum, the rector of the National Law University academician V Ya. Tatsyi stressed that the processes of the world globalization not only give certain advantages in the development of the humanity but also generate new problems, which impossible to solve without an active participation of lawyers-scientists and practitioners. He noted: "From us expect balanced, well-reasoned and effective recommendations that might be implemented both in the national legislation and in the international legal practice”. Undoubtedly, the processes of globalization have their own specifics in various fields, including, in the field of forensic examination. A special place in this case belongs to the influence of the world globalization upon European integration processes. These processes are realized in the forensic examination, primarily by means of implementation of the legislation of Ukraine on forensic examination into European legislation, and in addition, by means of unification of the techniques of expert research for all forensic institutions by their accreditation in accordance with international quality standards. There were defined the ways of realization by Ukrainian criminalists andforensic experts of the requirements of the European documents containing the minimum standards in themselves and various variants of activities in the field of Criminalistics and Forensic Expertise have been proposed.

scholarly journals MODERN ASPECTS OF FORENSIC ECONOMIC EXAMINATION IN THE REPUBLIC OF MOLDOVA

2021 ◽  
Author(s):  
V. Gurin ◽  
S. Lupu ◽  
I. Lopatenko
Keyword(s):  
General Theory ◽  
Republic Of Moldova ◽  
Forensic Examination ◽  
New Type ◽  
Special Knowledge ◽  
The Subject ◽  
The Republic ◽  
Methodological Aspects

The article deals with the legal and methodological aspects of conducting economic and financial forensic examination in the Republic of Moldova, including the main tasks and issues solved by these types of forensic examinations, as well as a new type of forensic examination: engineering and economic. In this article, it is emphasized that the purpose of the general theory of economic and financial forensic examination in the Republic of Moldova is, first of all, to systematize the categories of all types of economic and financial forensic examinations accumulated to date in the Republic of Moldova. The concept of the subject of examination, objects of research, expert tasks, special knowledge of an expert, the concept of expert competence and competence, technology of expert research and many others.

Formation of Intellectual Property Forensics in the System of the Russian Ministry of Justice

2020 ◽  
Vol 15 (3) ◽  
pp. 98-105
Author(s):  
A. S. Savenko
Keyword(s):  
Intellectual Property ◽  
Justice System ◽  
Federal Budget ◽  
Forensic Analysis ◽  
Sociological Study ◽  
Specialized Knowledge ◽  
Judicial Practice ◽  
Comprehensive Examination ◽  
Forensic Institutions ◽  
New Type

The article analyses legal regulations of a forensic investigation into intellectual property o jects regarding the appointment of examinations of trademarks and service marks. The matter of necessity of specialized knowledge to conduct such investigations is addressed as well as current expert and judicial practice in this field. The author notes that forensic analysis of trade and service marks should be carried out as a part of a comprehensive examination in complex cases. The investigation should also include a sociological study.It is shown that the training of state forensic experts in the Russian Ministry of Justice system for intellectual property forensics, among other things to assess its value, will provide fully competent, unbiased, and independent experts and specialists in the field. The author proposes acknowledging and adding to the List of types of forensic examinations conducted in the Federal budget forensic institutions of the Russian Ministry of Justice the new type of forensic examinations – “Intellectual Property Forensics”.

scholarly journals Judicial examination of objects of railway transport as the independent direction of use of special knowledge, at investigation of the crimes committed on railway transport

2019 ◽  
pp. 107-112
Author(s):  
Олег Грибунов ◽  
Oleg Gribunov ◽  
Екатерина Малыхина ◽  
Ekaterina Malyhina
Keyword(s):  
Rail Transport ◽  
Police Departments ◽  
Railway Transport ◽  
Forensic Expertise ◽  
Forensic Examination ◽  
Independent Direction ◽  
New Type ◽  
Special Knowledge ◽  
Statistical Indicators

The article defines that it is necessary to introduce a new type of forensic expertise of railway transport facilities. The production of this expertise requires special knowledge. You need to know the trasology, chemistry, physics, the features of applying identification marks to the railway parts. Criminals use special knowledge about rail transport for illegal purposes. In the linear police departments, the statistical indicators of crimes in railway transport have increased. The article considers the significance and specific features of conducting forensic examination of the railway transport.

scholarly journals SUBJECTS OF SCIENTIFIC AND METHODOLOGICAL SUPPORT OF EXPERTISE IN THE SPHERE OF INTELLECTUAL PROPERTY

2021 ◽  
Author(s):  
R. Kirin
Keyword(s):  
Intellectual Property ◽  
Scientific Publications ◽  
Forensic Examination ◽  
Domestic Legislation ◽  
Organizational Relations ◽  
Forensic Institutions ◽  
The Subject ◽  
Forensic Expert ◽  
State Registration ◽  
Relationship Of

The article is devoted to the definition, based on the analysis of scientific publications and the prescriptions of domestic legislation, the subject composition of forensic relations and relations in the field of intellectual property, which directly or indirectly participate in the regulation, management, development, use and improvement of scientific and methodological support of forensic expert activities in the field of intellectual property. It has been established that at the legislative level the following are identified: – subjects of organizational relations of departmental scientific and methodological support of forensic expert activity; – subjects of coordination and publishing relations of interdepartmental development of forensic examination; – subjects of the relationship of attestation and state registration of methods of conducting forensic examinations. It is proposed to distinguish between the following types of object-subject warehouses: 1) objects that need support (forensic expertise, forensic examination, expert proceedings); 2) objects that meet the needs of the corresponding level of action (scientific and methodological benefits); 3) entities in need of support (forensic institutions, forensic experts) 4) entities that provide for the needs (ministries, advisory bodies, forensic experts). It has been suggested that the subject requiring collateral can be simultaneously the subject performing this collateral. The expediency is argued and the differentiation of subjects of scientific and methodological support of forensic expert activity in the field of intellectual property on the following integration levels is proposed: – national (regulatory, managerial, judicial); – sectoral; – production (state, private); – territorial; – public (permanent, temporary) – self-regulating; – direct (personal, collective, employee, manager) – functional (organizational, managerial, controlling, security, executive, reporting).

ADMINISTRATION MODELS IN THE SYSTEM OF FORENSIC EXAMINATION INSTITUTIONS FROM THE POSITION OF SCIENTIFIC MANAGEMENT

2016 ◽  
Vol 16 ◽  
pp. 179-184
Author(s):  
S. V. Kudryashova
Keyword(s):  
Scientific Management ◽  
Competing Values ◽  
State Institutions ◽  
Advantages And Disadvantages ◽  
Forensic Examination ◽  
Forensic Institutions ◽  
The Individual

The individual forensic activity in comparison with the activity of forensic experts of specialized state institutions is considered, the main advantages and disadvantages are determined. The directions of development of specialized state and non-state forensic institutions are presented in accordance with R. Quinn's competing values model.

The implementation of the intellectual property rights of the convicts in the institutions and bodies of criminal executive system

2020 ◽  
pp. 170-176
Author(s):  
Оксана Алексеевна Владимирова
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Effective Means ◽  
Legal Aspects ◽  
Correctional Institutions ◽  
Property Relations ◽  
Patent Rights ◽  
Human Creativity ◽  
Executive System

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.

scholarly journals ENGAGEMENT OF EXPERTS AND SCHEDULING FORENSIC EXAMINATION UNDER INVESTIGATION SAFETY RULES VIOLATIONS WHEN PERFORMING WORKS WITH HEIGHTENED DANGER

2016 ◽  
Vol 16 ◽  
pp. 118-126
Author(s):  
К. О. Spasenko
Keyword(s):  
Labor Protection ◽  
Negative Consequences ◽  
Forensic Examination ◽  
Technical Examination ◽  
Forensic Engineering ◽  
Special Knowledge ◽  
Technical Construction ◽  
Safety Rules

The peculiarities of the use of special knowledge in the process of investigation of the specified category of crimes are considered, they consists in narrow directed specifics of violations of safety rules during execution of works with in-creased danger. A range of issues to be clarified during carrying out certain examination is outlined. Their variability is noted depending on the work performed, the type of negative consequences and other elements of the criminalistic characteristics of crime. Scheduling forensic medical and forensic engineering-technical examination on labor protection, mining-technical, construction-technical and technical examination of documents in the aspect of the raised problematics is examined.

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