Forms of the Using Special Knowledge in the Investigation of the Illegal Use of Trademarks

Abstract

Article is devoted to establishment and studying of features of forms of use of special knowledge at investigation of illegal use of trademarks. The author analyzes criteria of office of forms of use of special knowledge and for the first time finds out the most relevant to consideration at criminal infringement of trademarks – on subjects. Reasonably relevance of use by the investigator own special legal knowledge for check of a specification on a subject of criminal encroachment (trademark) at once after entering of the corresponding data into the Unified register of pre-judicial investigations by means of resources of directory providing. On the basis of empirical data investigative and jurisprudence on illegal use of trademarks forms of use of special knowledge by experts and experts are investigated. For the purpose of
high-quality preparation and planning of a search participation of the specialist in determination of material damage at interrogation of the investigation which was injured at the initial stages is offered. It is defined that necessary at investigation of illegal use of trademarks not procedural form of use of special knowledge the representative of the owner who conducts preliminary researches of counterfeit production and finds out essential differences in comparison with original is characteristic. By consideration of use of special knowledge in the form of forensic researchers the last is classified on obligatory and those that are carried out often and optional which depend on concrete circumstances and counterfeit goods. It is established that special knowledge of intellectual property is a main type of knowledge which is applied by investigators at investigation of criminal infringement of trademarks, including in their highest form – forensic researchers of intellectual property. Other types of forensic researchers are appointed depending on concrete circumstances and a type of counterfeit goods.