Registration and judicial protection of
intellectual property
intellectual property
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To obtain a patent or certificate of protection for a trademark, the applicant must undergo mandatory examinations at the FIPS. There is no such requirement for objects of creative work, as the registration of rights to works is not provided by national legislation of the Russian Federation and international acts. However, in case of disputes related to infringement of personal or proprietary rights to the results of creative work, an interested person can order an expert examination on their own.
In view of the absence of rules on the registration of rights to the results of creative activity, there may be significant problems in proving and confirming authorship. This is especially true when the work has not been published by the author, or the dispute arises after his death. Let's highlight the most common cases when the expertise of copyright may be required:
This is only an approximate list of directions in which expert examination of copyrights can be carried out. The task of the expert will be to establish the true creator or owner of the work, to confirm the authenticity of the object or the signature of the author, to identify the facts of forgery and forgery.
Expert studies can be carried out by private experts and organizations which are members of SROs. Such services may be provided by public and private organizations, and the cost of services will be determined by contract, based on the timing, scope and complexity of the work. The initiator of the expertise may be:
Expertise can also be carried out by intermediaries in transactions with original copies of works. For example, it is mandatory to conduct research when selling objects through auctions, when the auction organizer must guarantee the authenticity and authorship of the work.
You can choose an expert organization for the examination on your own. In this case, the customer pays for the services at your own expense. When an expert examination is sent to the court, the payment for the services can be made at the expense of the budget, and the costs will be recovered from the losing party after the end of the process.
In order to conduct an expertise, it is necessary to determine the subject of the study, form a list of questions or terms of reference for the specialists, and submit all the necessary materials. Expert activities may be carried out on the following materials:
When referred for expertise through the court, the expert will be given all materials from the civil, administrative or criminal case. The more documents and materials will be at the disposal of the expert, the more objective will be his conclusion on the questions posed.
Special equipment is used to conduct research, and the following methods and techniques are used:
When handing over the original work, the expert assumes the obligation to ensure its preservation and permanence for the entire period of verification. The expert will incur civil, administrative or criminal liability for violating these rules, as well as for providing knowingly false conclusions.
The conclusions on all questions posed must be explained and argued by the expert in the final conclusion. This document contains the results of the study, allowing to come to unambiguous conclusions about the authorship, authenticity of the object or signature, and the presence of signs of forgery. The expert conclusion is an appropriate proof in any legal process, as well as when applying to other authorized bodies. If necessary, an additional or repeated expert examination may be conducted, if the initial examination fails to resolve the disputed issue.
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