FORENSIC EXPERTISE IN THE FIELD OF INTELLECTUAL PROPERTY REGARDING PLANT VARIETIES: REGULATORY AND LEGAL SUPPORT

Abstract

The article examines the normative and legal provision of forensic examination in the field of intellectual property regarding plant varieties. The main international normative acts in the field of plant protection and protection of intellectual property rights for plant varieties are analyzed, namely: the International Convention on the Protection of Plants, the International Convention on the Protection of New Plant Varieties, the Patent Law Agreement. It has been established that international documents ratified by Ukraine contain provisions that are implemented in national legislation and are used in law enforcement activities and law enforcement practice. It has been found that at the level of national legislation, the sphere of protection of intellectual property rights for plant varieties is regulated by the Civil Code, the Economic Code, the Criminal Code, the laws “On Plant Life”, “On Seeds and Planting Material”, “On Environmental Protection”, “On copyright and related rights”, “On protection of rights to signs for goods and services”, “On protection of rights to inventions and utility models”, “On protection of rights to industrial designs”, “On plant protection”, “On protection plant variety rights”. The general provisions of the human right to intellectual property are defined in the Constitution of Ukraine. The laws contain interrelated, non-controversial terminology for the field of plant life and the protection of intellectual property rights for plant varieties; a list of documents certifying the procedure for submitting an application for registration of a new variety of plants, conducting a qualification examination and obtaining patents and certificates; terms of validity of property rights of intellectual property on plant varieties; the relationship between the business entity and the employer for the inventor (author) of the plant variety; responsibility for violation of norms regarding the protection of intellectual property rights to plant varieties, etc. It is emphasized that, in addition to the provisions of these laws, forensic examination in the field of intellectual property of plant varieties is regulated by the Law “On Forensic Examination” and departmental bylaws. A distinction is made between the qualification examination for the establishment of a new variety of plants, which is carried out by specialists of the Ukrainian Institute of Examination of Plant Varieties, as a scientific and technical examination, and the forensic examination in the field of intellectual property of plant varieties, which is performed by forensic experts who have the relevant, duly formalized powers for this type of judicial – expert activity. A conclusion was made about a three-level system of regulatory and legal support of forensic examination in the field of intellectual property of plant varieties: international acts; Constitution, codes and laws of Ukraine; departmental bylaws.