提高知识产权客体案件司法鉴定效率的方向

O. Doroshenko, Vitalii Petrenko, Hryhorii Dorozhko
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引用次数: 0

摘要

关键词:司法鉴定效力、鉴定结论、司法鉴定立法框架的完善、司法鉴定人员的培训与再培训、鉴定结论的法院鉴定。本文探讨了提高知识产权客体侵权司法审查效力的方向问题。揭示了“司法鉴定有效性”概念的本质,它可以用于考虑知识产权客体特殊性的司法鉴定过程,并强调在法律实践中,“有效性”概念没有定义过程和技术价值的目的。需要指出的是,司法鉴定的有效性由以下几个组成部分决定:确保司法鉴定的合理有效组织;保证所提供的专家意见的有效性、容许性、可靠性、完整性和客观性;完善监管框架;组织知识产权领域专家的基础培训。研究表明,知识产权领域司法专家的效力直接取决于专门立法的质量。因此,专门的工业产权法并没有解决一些只有在执法过程中,特别是在进行司法和专家研究时才能发现的问题。一个有充分根据的主张,即知识产权案件中的专家审查的有效性可以通过科学、技术、艺术、工艺等领域的专家更积极地参与,而不是合格的司法专家。在这种情况下,这种吸引的最有效形式可能是命令对有关行业的专家和各自专业的认证专家的组成进行审查。还证明,法官的工作量、经验、是否接受额外的培训(教育)、是否从事这种司法活动的专业化等因素影响着对诉讼程序的完整性和全面性的评价。与会者表示希望,知识产权问题高级专门法院的设立和开始工作将对这一部门的司法专门知识的效力产生积极的影响。
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Directions of improvement of efficiency of judicial expertise in cases concerning objects of intellectual property
Key words: effectiveness of judicial expertise, expert conclusion, improvement of the legislative framework of judicial expertise, training and retraining of the staff of judicial experts, assessment of the expert's conclusion by the court The article is devoted to the question of determining directions of increase in effectiveness of judicial examination of violated rights on objects of intellectual property. The essence of the concept "effectiveness of judicial expertise" is revealed, which can be used for the processes of judicial expertise considering the peculiarities of intellectual property objects, and it is emphasized that in legal practice the concept "effectiveness" has no purpose of defining the value of processes and technologies. It is noted that the effectiveness of judicial expertise is determined by the following components: ensuring rational and effective organization of judicial expertise; ensuring the validity, permissibility, reliability, completeness and objectivity of the provided expert opinion; improvement of the regulatory framework; organization of basic training of experts in the field of intellectual property. It is shown that the effectiveness ofjudicial experts in the field of intellectual property directly depends on the quality of special legislation. Thus, special industrial property laws have not solved a number of problems that can be identified only in the process of law enforcement, in particular, during the conduct of judicial and expert research.A well-grounded proposition that the effectiveness of the expert examinations in cases of intellectual property objects can be enhanced by more active involvement of experts in the field of science, technology, art, crafts, etc., who are not qualified judicialexperts. At that, the most effective form of such attraction may be the order of conducting examination of the commission in the composition of the specialist in the relevant industry and the certified expert of the respective specialty.It is also proved that such factors as judges’ workload, their experience, presence of additional training (education), presence or absence of specialization in this kind of judicial activity influence the completeness and comprehensiveness assessment of the litigation proceeding. The hope was expressed that the creation and commencement of the work of the High specialized Court on Intellectual Property issues will have a positive impact on the effectiveness of judicial expertise in this branch.
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