In the pre-trial investigation and in court proceedings related to the protection of intellectual property rights, there is often a need to establish evidence related to the subject of evidence and require the use of specialized knowledge. Thus, the experts of KFI conduct research related to literary and artistic works.
KFI conducts research related to literary and artistic works.
The object of this type of research are works in the field of science, literature and the arts, namely:
- literary written works of fictional, journalistic, scientific, technical or other nature (books, pamphlets, articles, speeches, lectures, sermons and other oral works etc.);
- musical works with text and without;
- dramatic, musical-dramatic works, pantomimes, choreographic and other works;
- audiovisual works;
- works of fine art, works of architecture, town planning gardening art;
- photographic works, including works performed in ways similar to photography;
- illustrations, maps, plans, drawings, sketches, plastic works relating to geography, geology, topography, engineering, architecture, and the like. This list is not exhaustive.
A number of objects under investigation during the forensic examination in the field of intellectual property related to literary and artistic works may be subject to expert studies of other fields of forensic examination.
The subject of forensic examination related to literary, artistic and other works is the factual data and circumstances of the case about the properties, signs, patterns of creation and use of literary and artistic works and other objects of copyright that are relevant to legal proceedings and are established by applying special knowledge in according to the procedure established by law.
The main tasks of forensic examination related to literary, artistic works and other objects of copyright include:
— determination in the object of research of the object copyright characteristics (including the name);
— establishing the fact of reproduction of the object of copyright or its part, that it has an independent meaning;
— establishing the way of using the object of copyright;
— the establishment of the fact of a change in the literary work and the way of it changes.
Based on the available expert practice, a forensic expert in the field of intellectual property, whose object of research is literary work, the most often the task is to establish the fact of using (reproducing) a certain literary or artistic work.
Given the nature of literary works, the decision on expertise in the field of intellectual property may raise questions about the use of a certain work in one of the following ways: reproduction (full or partial translation); making changes (annotation, adaptation, other processing of the work); inclusion of a work as an integral part in collections, anthologies, encyclopedias etc.
In particular, the decision of an expert in the study of literary, artistic and other works raises the following questions:
- Is there an object of research (name) (or a part of it that can be used independently) the result of creative work according to the information specified in the case materials?
- Does the object of research contain (or part of it, which can be used independently) of the characteristics of the object of copyright in accordance with the information specified in the case file?
- Is there a work (title 1) another version of reproducing of a work (title 2)? If so, does this reproducing have a creative character?
- Is there a work (title 1) a translation work (title 2)? If so, does the translation have a creative character?
- Was there a reproduction of a work (title 1) (or a part of it that can be used independently) when creating a work (title 2)?
- Is the name (quotation, character) of the work (name 1) in the mark for goods and services reproduced (name 2)?
- Is the title (quotation, character) of a work (title 1) reproduced in the commercial (corporate) name (title 2)?