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Researches related to trade secrets (know-how) and innovative proposals

Objects of intellectual property rights, that are the result of human intellectual activity require proper legal protection, is ensured by the regulatory acts of Ukraine and international treaties, contributes to an increase in the number of inventions and innovative proposals, increased investment, development of research activities, which positively affects the development of science and technical progress, improving the quality of industrial products, raising the cultural level of citizens.

Thus, experts of Kyiv Scientific Research Institute of Forensic Expertise conduct research related to trade secrets and know-how, as well as studies related to innovative proposals.

The object of forensic examination of trade secrets and know-how is the information, which is a trade secret or know-how that researched by an expert on the basis of special knowledge, information of technical, organizational, commercial, industrial and other nature.

The subject of forensic examination of trade secrets and know-how is the establishment on the basis of research of material carriers and sources of information using special knowledge of factual data on attributing information to trade secrets and know-how, as well as determining ways of obtaining them, in order to properly resolve a case that is in preliminary investigation of bodies or courts.

The task of forensic expertise related to trade secrets and know-how is to establish factual data on the attribution of information to trade secrets and know-how, as well as to determine the ways of obtaining it.

An indicative list of issues to be addressed in this area of research:

  • Can information (specify what information) be classified as commercial secret?
  • Does the information (specify what) indicate the know-how?
  • The information received (indicate which one) is the reengineering of product samples (specify or provide samples of products)?
  • Are the data provided (indicated by) that information (which was specified) was obtained as a result of own developments or studies (indicate which ones)?

This list is not exhaustive.

The subject of research related to innovative proposals is the objects of economic activity in the form of technological (technical) solutions, as well as information on organizational solutions that can be qualified as innovative proposals.

The tasks of forensic expertise related to innovative proposals include studies of signs of technical (technological) or organizational solutions in order to identify the use of an innovative proposal in the object of economic activity, as well as to study the conditions affecting the protection of an innovative proposal.

An indicative list of issues to be addressed:

  • Is the task indicated in the application and its annexes (drawings, schemes, sketches, etc.) solved with the help of an innovative proposal (name)?
  • Was the proposal (name) in the enterprise “A” used before the date of submission of the application to it at this enterprise in accordance with the materials of the case?
  • Was the technological (organizational) task solution foreseen in the administrative (or other) documents of the enterprise “A” sufficient for its implementation in accordance with the materials of the case?
  • Are the features of the rationalization proposal indicated in the application and its annexes (drawings, schemes, sketches, etc.) used in the product (organizational decision) (name)?

This list is not exhaustive.

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