The specialist’s report as a prerequisite for proving infringement of intellectual property rights in criminal cases
The article is devoted to the study of use of the specialist’s knowledge and the results of his participation in criminal proceedings(providing a report) as a means of proving the crimes towards intellectual property rights. The purpose of involvement of the specialistand tasks handled by the specialist during pre-trial investigation and trial have been considered. The legal status of the specialist hasbeen analyzed, vagueness and incompleteness of the specialist’s rights have been emphasized, absence of the mechanism of involvement of the specialist and the procedure of formalizing the results of his/her participation in criminal proceedings has been stated. Ithas been proved why in the majority of cases the specialist of the right holder/official manufacturer serves as the subject of applyingspecial knowledge in the crimes related to infringement of intellectual property rights.The practice of use of the specialist’s knowledge (providing a report) in the course of pre-trial investigation, trial and evaluationof the specialist’s report by the courts, including ECtHR has been provided. Decision of ECtHR stresses the importance of recognitionand evaluation of the specialist’s report as evidence, it is of universal significance for all parties to the criminal proceedings and it willstrengthen their positions. The possibility of use of knowledge of the specialist (right holder/official manufacturer) not only in thecourse of investigative actions has been substantiated.Amendments to the CPC of Ukraine are proposed, which are aimed at simplifying proving and increasing the efficiency of pretrialinvestigation body in crimes of this category, namely to elaborate and expand the rights/the list of actions of the specialist (examinationof items/documents), to determine the mechanism of involving the specialist, to include the specialist’s report in the list of documents,which serve as written evidence.