THE ROLE OF SPECIAL ECONOMIC KNOWLEDGE IN INVESTIGATION OF ILLEGAL USE OF TRADEMARKS IN THE ASPECT OF QUALIFICATION OF THE CRIME COMPOSITION. PRACTICE OF UKRAINE

Abstract

Investigating trademark infringement is impossible without special economic knowledge of intellectual property. Based on the research the author of the article suggests obligatory to differentiate issues regarding ways of trademark infringement when appointing an expert appraisal of any damage to property due to trademark infringement. When the investigation establishes the actual sale of counterfeit goods, the author proposes to bring up a standard issue regarding the amount of the caused damage for the examination decision. Determining other illegal acts for trademarks, the author draws attention to the mandatory use of an expression "subject to the selling of ...". Thus, the following question formulation is proposed: "What amount of material damage would be inflicted on the trademark owner in accordance with Certificate No. X subject to the selling of X units manufactured (offered for sale, identified for storage) using this trademark without permission? ". The author makes an attempt to prove that in Ukraine the finished crime - the trademark infringement can form only the sale of counterfeit goods, since only these actions cause material damage to the aggrieved person, taking into account the hypothesis "a counterfeit unit displaces an original unit of goods". The article states that all other illegal actions have a formal meaning and must be qualified according to the rules of the unfinished crime. The author considers that establishing material damage as a result of the trademark infringement, it is mandatory to differentiate material damages, which can be a criminal form and can be compensated in accordance with protecting civil rights. Under the existing theoretical views and practical expert activity, the author proposes an improved definition and approach to the assessment of material damage, on its basis the qualification of the acts is carried out, as a result of the trademark infringement.