PROBLEMS OF DETERMINATION OF LOSSES IN THE FIELD OF INTELLECTUAL PROPERTY, FOR EXAMPLE THE USE OF SUBSTITUTION METHOD

Abstract

Analyzing the tasks of forensic experts of the Laboratory of Economic Research of the Research Center of Forensic Expertise on Intellectual Property of the Ministry of Justice of Ukraine in the course of expert studies related to the determination of material damage to the author (right holder) of the intellectual property object in recent years, indicates a significant amount and continued growth of such research. However, at present, no methods of conducting judicial examinations in the specialty 13.9 «Economic research in the field of intellectual property» concerning the determination of losses have been approved (referring to the methods that are certified and recommended for implementation in expert practice in accordance with the Procedure for attestation and state registration judicial examinations, approved by the resolution of the Cabinet of Ministers of Ukraine dated 02.07.2008 No. 595). This article examines regulatory acts for determining losses, considers methods: royalties and substitutions, discusses «Methods for solving forensic issues of material damage» related to forensic expertise in specialty 11.1 «Accounting Accounting Documents and reporting.» In the case of the substitution method, the method is used by some experts when conducting expert examinations in specialty 13.9 «Economic research in the field of intellectual property», and in these studies it is assumed that one counterfeit product replaces one original product, with the loss not being received by the owner of the intellectual property object. The problem of determination of damages in the sphere of intellectual property is shown and the necessity of working out of methodical recommendations for determination of damages is proved. have become the basis of scientific research work «Method for determining losses in the field of intellectual property», which is intended for direct use by experts of the Ministry of Justice of Ukraine in carrying out expert studies in the field of intellectual property; training of forensic experts and training of young specialists; may be used by investigative and judicial staff in ordering expertise, etc.