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 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 Relevant Issues of the Judicial Practice in Intellectual Property Protection

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-10
Author(s):  
Konstantin A. Kirsanov ◽  
◽  
Olga N. Barmina ◽  
Keyword(s):  
Intellectual Property ◽  
Present Article ◽  
Civil Law ◽  
Intellectual Property Protection ◽  
Judicial Practice ◽  
Main Current ◽  
A Company

Intellectual property is currently one of the key areas of modern civil law relations. In the present article, the authors reviewed and summarized the main current areas of judicial practice in the field of violations related to the exclusive rights to a company name, characters and trademarks.

scholarly journals Alternative sanctions and measures in the criminal justice system of Slovenia

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 37-42 ◽  
Author(s):  
Alenka Selih
Keyword(s):  
Criminal Justice ◽  
Juvenile Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Personal Factor ◽  
Judicial Practice ◽  
Alternative Measures ◽  
Alternative Sanctions

The paper presents the ways of introducing both material and procedural alternative measures into the criminal justice system of Slovenia from the beginning of 1990s, particularly into the Criminal Code and the Code of Criminal Procedure in 1995 (with the further amendments). That relates to both adult and juvenile offenders. Regarding implementation, the author emphasizes characteristics of the implementation of both groups of institutions; pays attention to the fact that procedural institutions are more important for prosecution of minor criminal offences; points out the importance of the personal factor that contributes to the implementation of new provisions; and gives an overview of the first experiment in the Slovenian judiciary related to that. The author gives an analysis of problems dealt with in the Slovenian doctrine and judicial practice in connection with alternative ways of proceeding; she points out, in particular, the imperfections of legal solutions; the unclear competences in implementation of alternative sanctions and problems resulting from such a situation.

scholarly journals HENRI LÉVY-BRUHL’S DOCTRINE ON LAW AND ON THE FORMATION OF LEGAL SCIENCE OF A NEW TYPE

2017 ◽  
Vol 3 (4) ◽  
pp. 58-66
Author(s):  
Владимир Пужаев ◽  
Vladimir Puzhaev
Keyword(s):  
Scientific Discipline ◽  
Sociology Of Law ◽  
Legal Anthropology ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
True Source ◽  
History Of ◽  
New Type ◽  
History Of Law

The article is devoted to the investigation of legal ideas of Henri Lévy-Bruhl, a French lawyer and sociologist of the XX century, who is considered to be one of the founders of contemporary sociology of law, legal ethnography and legal anthropology. The author of the article analyzes the late articles of Henri Lévy-Bruhl. The author of the article examines the notion “juristique”, introduced by the French professor, and investigates its methodological and substantial peculiarities. As a scientific discipline, “juristique” was supposed to be shaped through the integration of sociology of law, history of law and comparative law into a body. The author also pays special attention to H. Lévy-Bruhl’s theoretical views on the question of law and mechanisms of its formation, on subjects of law-making and sources of law. In particular, the author considers Lévy-Bruhl’s views of collective opinion as the only true source of law, customs’ priority over legislation among all forms of law, judicial practice as the modality of a custom. The key role of Durkheim’s sociology in the shaping of Henri Lévy-Bruhl’s legal views is also highlighted. Henri Lévy-Bruhl’s particular ideas are compared with the doctrine of historical school of law. The final part of the article is devoted to formulating a series of theses which reflect the peculiarities of Henri Lévy-Bruhl’s legal views and his role in contemporary legal doctrine.

scholarly journals BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Njegoslav Jović
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
State Courts ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Primary Activity ◽  
Court Proceedings ◽  
The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

scholarly journals ON THE ISSUE OF CRIMINALIZATION OF CRIMINAL ACTS RELATED TO THE SPREAD OF CORONAVIRUS INFECTION

2021 ◽  
Vol 31 (2) ◽  
pp. 243-250
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Federal Law ◽  
Sociological Study ◽  
False Information ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the issues of improving the Russian criminal legislation on toughening responsibility in the context of coronavirus infection. The author analyzes the effectiveness of measures to tighten criminal liability for violations of quarantine measures in order to counter the spread of coronavirus infection in foreign countries and presents proposals for improving Russian criminal legislation, taking into account the data of a sociological study conducted among citizens of the Russian Federation. In order to study the norms of criminal legislation introduced by Federal Law No. 100-FZ of 01.04.2020, on liability for the dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, examples of judicial practice are given. There is a promising tightening of legal liability in the context of the spread of coronavirus infection in Russia based on the experience of foreign countries.

Pledge of intellectual property rights

2020 ◽  
pp. 369-375
Author(s):  
Anna Savina
Keyword(s):  
Risk Factors ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Federal Budget ◽  
Number Of Factors ◽  
Lectual Property ◽  
The Right ◽  
Positive Effect ◽  
Statistical Indicators

We consider certain issues of pledge of intellectual property, analyze the definitions of the concepts “pledge”, “intellectual property”, “objects of intellectual rights”, etc. We comprehend the issues of civil law regulation of pledge relations, investigate the mechanisms of state support for the intel-lectual property pledge, and identify a number of factors that determine the positive effect of innovative enterprises development, receiving loans secured by intellectual property. We describe the risk factors of pledged collateral for loans, we note the criteria according to which the borrower has the right to conclude an agreement on the provision of subsidies from the federal budget to small and medium-sized businesses to expense reimbursement associated with obtaining loans secured by intellectual property rights. We pay attention to the issue of correlation of derivative rights with an independent object of pledge. We examine the insurance and market issues related to the risk factors of intellectual property pledge. We study the practice of granting loans secured by intellectual property, and also analyze the statistical indicators of such practice in individual countries of Europe and Asia.

Lammy Review: will it change outcomes in the criminal justice system?

Race & Class ◽  
2017 ◽  
Vol 59 (3) ◽  
pp. 80-90 ◽  
Author(s):  
Lee Bridges
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Forensic Analysis ◽  
Racial Justice ◽  
Ethnic Representation ◽  
Differential Outcomes ◽  
Joint Enterprise ◽  
Minority Ethnic

A forensic analysis from a criminal justice expert on the weaknesses in the findings and recommendations of the Lammy Review into Black, Asian and Minority Ethnic disproportionality in the UK’s criminal justice system. It comments on the remit (which excludes policing), the lack of real action over police gang databases and the joint enterprise ‘charge’, the inadequate understanding of plea bargaining and influence of charging, the need for a deeper understanding of outcomes particularly at the Crown Court, and the weaknesses in merely asking for more Black, Asian and Minority Ethnic representation in the system. The statistical review, the author concludes, produces snapshots of marginal disproportionality at selected stages in the process and hence an episodic analysis of criminal justice, rather than looking at the overall system’s effect in producing differential outcomes for the various ethnic groups. See also Liz Fekete, ‘Lammy Review: Without racial justice, can there be trust?’ ( Race & Class, doi: 10.1177/0306396817742074).

Racial Disparities in the Criminal Justice System: A Summary

1985 ◽  
Vol 31 (1) ◽  
pp. 15-34 ◽  
Author(s):  
Joan Petersilia
Keyword(s):  
Criminal Justice ◽  
Racial Disparities ◽  
Justice System ◽  
Differential Treatment ◽  
Criminal Records ◽  
Research Attention ◽  
System A ◽  
Criminal Justice Systems ◽  
Comprehensive Examination ◽  
Future Policy

This article summarizes a comprehensive examination of racial discrimination in the criminal justice systems of California, Michigan, and Texas. In each of those states, judges typically imposed heavier sentences on Hispanics and blacks than on whites convicted of comparable felonies and who had similar criminal records. Not only did these minorities receive harsher minimum sentences but they also served more time. It is chiefly at the sentencing stage where differential treatment is most pronounced. I discuss what could account for differences in sentencing, and suggest areas for future policy and research attention.

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