ON SOME ASPECTS OF FORENSIC EXAMINATION (EXPERT RESEARCH) OF OBJECTS OF COPYRIGHT: ISSUES OF IMPLEMENTATION IN NATIONAL LEGISLATION OF THE CONCEPTS OF «ORIGINALITY» AND «OBJECTIVE FORM» OF THE WORK AND EUROPEAN INTEGRATION PROCESSES

Abstract

The article deals with the generalization of approaches to conducting forensic examinations (expert research) in the field of intellectual property, in particular, objects of copyright, which are the results of human creative activity in the fields of scientific, musical and artistic creativity. Attention is paid to the object of legal protection in copyright law – the «form» of the work. The author analyzed the norms of international law and national legislation, which establish the legal protection of copyright objects, and identified conflicts between the norms of the Civil Code of Ukraine and the new Law of Ukraine «On Copyright and Related Rights», in particular, regarding the definition of the criteria for the protective capacity of copyright objects, as well as the form of expression of the work and the time of occurrence of the copyright. The amendments to the national legislation, introduced the concept of «work» and types of works, as well as the concepts of «originality» and «objective form» of the expression of a work, the time (moment) of the creation it was investigated. It was established that the specified changes in the national legislation had a certain impact on the concept of the legal protection of copyright objects. The issue of the legal protection of copyright objects, which should be taken into account by forensic experts during forensic examinations (expert studies), is summarized. Recommendations have been formulated for posing questions to court experts during the appointment of a forensic examination (ordering expert research) in the field of copyright.