FEATURES OF STANDARDIZATION OF TERMINOLOGY (DEFINITIONS) OF LEGAL EXPERTISE OF OBJECTS OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

Abstract

The publication is devoted to the actual issue of – national standardization of terminology (definitions) of judicial examination of intellectual property rights in Ukraine. The features of standardization of terms (definitions) of forensic examination of intellectual property objects rights in Ukraine are considered in the article, namely: 1) compliance with the requirements for standardization of terminology; 2) coverage of terms (definitions) that are not prescribed by law but are specific to forensic practice; 3) special procedure of formation with involvement of intellectual property entities in Ukraine; 4) discussion and implementation. The importance of the activity of Subcommittee No. 5 «Expertise of Objects of Intellectual Property Rights» TC 192 in the field of national standardization and the Research Center of Forensic Expertise on Intellectual Property of the Ministry of Justice, in particular. A brief description of the formation of the activities of the Technical Committee (TC 192) «Forensic Expertise» in the direction of normalization at the level of state standards of activity of forensic justice is analyzed and the current status and stages of development of the national document (ND) «Forensic Examination of Intellectual Property Rights Objects» are analyzed. Terms and definitions », the advantages of its implementation are defined. Moreover, terminological standards occupy an important place in terms of prevalence and significance. The conclusion is drawn that the introduction of unified terms in the field of forensic examination of intellectual property rights will make it impossible to interpret differently the same terms in forensic practice, that is, to unify the terminology; ensure the unity of theoretical and methodological approaches to these terms; ensure compatibility of terminologically-categorical apparatus of judicial examination of objects of law intellectual property with the provisions of national and international law and other related standards; will prevent many conflicts of law, which will facilitate the work of research institutions of judicial examinations, law enforcement agencies and courts, in particular; increase the level of forensic justice in line with international best practices.