Today, no dispute on infringement of intellectual property rights is resolved without judicial examination. The objective and professionally done examination is a key item of evidence in corresponding processes. This is the reality.
The Center of Expert Investigations is one of the structural divisions of the Institute, the main task of which is execution of judicial and non-judicial examination related to intellectual property.
The judicial examination is conducted by the court experts certified by the Central expert qualifying commission of the Ministry of Justice of Ukraine. Each of them is a highly skilled expert in a specified field and holds a postgraduate degree in intellectual property.
The investigation activity of the Center and its competence are defined by the current legislation of Ukraine, in particular:
- The Law of Ukraine ‘On Judicial Examination’
- Economic Procedural Code of Ukraine
- Civil Procedural Code of Ukraine;
- Criminal Procedural Code of Ukraine
- Administrative Procedural Code of Ukraine
- The Directive of the Ministry of Justice of Ukraine “On Assignment and conduction of judicial examination and expert researches”, approved by the Executive Order # 53/5 of the Ministry of Justice of Ukraine dated 08.10.1998
- The Directive of the Ministry of Justice of Ukraine “On peculiarities of realization of legal expert investigations by the certified court experts not working in the state specialized expert institutions” approved by the Executive Order of the Ministry of Justice of Ukraine #170/5 dated 24.12.2003
- The Directive of the Ministry of Justice of Ukraine “On the specific features dealing with realization of judicial-expert activity by the certified court experts which do not engaged in state specialized institution dealing with expertise”
- Recommendations of the Superior Commercial Court of Ukraine.
According to the
- Decrees of the Superior Commercial Court of Ukraine, Commercial Courts of Kyiv, Odesa, Kharkiv, Cherkassy, Donetsk, Dnipropetrovsk, Zhitomir, Lviv, Zaporizhzhya, Kirovograd, Ternopil, Sumy, Poltava, Kherson regions and Autonomous republic of Crimea; Appeal Commercial Courts of Kyiv, Donetsk, Dnipropetrovsk, Odesa; Municipal and Regional Courts of Kyiv, Simferopil, Slavutich, Cherkassy, Donetsk, Rivne, Kharkiv, Mukachevo, Severodonetsk, Vinnitsa, Dnipropetrovsk
- Decrees of investigating officer of the Ministry of Internal Affairs, the Security Service of Ukraine, the General Prosecutor’s Office and the Prosecutor Offices in the cities of Poltava, Pavlograd, Dnipropetrovsk, Lugansk regions
- inquiries made by legal bodies and individual persons,
near 817 examination reports were made by the executives of the Institute, including 464 judicial reports for the court, connected with the following:
- Utility models
- Industrial designs
- Designation of origin of goods
- Copyrights and related rights
- Corporate names
- License agreements
- Transfer of rights, etc.
The Center conducted judicial examination on infringement of rights of such well-known companies as:
- Henkel Bautechnik GmbH
- Cigarettenfabric Dresden GmbH
- Reemtsma Cigarettenfabricen GmbH
- R.J. Reynolds Tobacco Company
- Societe National d’explutation industriel de tabac et allumettes (SNETA)
- American Cigarette Company (Overseas) Limited
- Philip Morris Products S.A.
- British American Tobacco Inc
- Imperial Tobacco Limited
- Japan Tobacco Inc.
- ‘Pryluki’ joint-stock tobacco company
- Rothmans of Pall-Mall Limited
- Adidas-Salomon AG
- Dupont de Nemure Interneshenal S.A.
- Bayer Aktiengesellschaft (Germany)
- Odessa cannery of a children’s feed JSV
- ‘Hortitsa’ Liquor production company
- TNK LLC
The experts of our Institute presented their examination reports in a series of high-profile cases on infringement of rights for commercial trade marks for goods and services ‘Bear’s blood’, ‘Soviet champagne’, a recognition of ‘Myrgorodskaya’ verbal geographical designation as well-known.
We are convinced that our professionalism and accumulated experience will be definitely useful while resolving disputes on protection of ntellectual property.