Features of a Comprehensive Forensic Examination in the Investigation of Violations Of inventive and Patent Rights Related to Medical Devices (Article 147 of the Criminal Code of the Russian Federation)
- Authors: Steshich E.S.1, Berdnikov A.E.1
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Affiliations:
- Russian Presidential Academy of National Economy and Public Administration under the President of RF
- Issue: Vol 16, No 5 (2023)
- Pages: 381-385
- Section: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/568912
- EDN: https://elibrary.ru/XDJMUN
- ID: 568912
Cite item
Abstract
The purpose of the research. Legal science and practice have developed various ways of regulatory and legal protection of intellectual rights, for which, in particular, Article 147 of the Criminal Code of the Russian Federation is applied. However, in the process of investigating such a complex category of cases, problems may arise with establishing the fact of patent infringement, for which it seems appropriate to use a comprehensive forensic examination. Of all the variety of issues resolved by forensic examination, the most difficult is the issue of determining the degree of damage caused, which is important for the qualification of the act under Article 147 of the Criminal Code of the Russian Federation.
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About the authors
Elena S. Steshich
Russian Presidential Academy of National Economy and Public Administration under the President of RF
Author for correspondence.
Email: esteshich@mail.ru
Dr.Sci.(Law), Associate Professor, Professor of the Department of Management of Crime Investigation Bodies
Russian Federation, MoscowAlexander E. Berdnikov
Russian Presidential Academy of National Economy and Public Administration under the President of RF
Email: berdnikov0112@icloud.com
SPIN-code: 8148-8107
аспирант, Южно-Российский институт управления - филиал
Russian Federation, Rostov-on-DonReferences
- Bakuradze N. S. Forensic examination in criminal proceedings // Young scientist. – 2020. – № 24. – pp. 252-255
- Kudinov M.A. Theoretical aspects of the structure and content of the concept of "intellectual rights" // New Legal Bulletin. – 2022. – № 3. – pp. 13-19.
- Kudryavtsev I.K. The concept and significance of forensic examination in the investigation of criminal cases // International Journal of Humanities and Natural Sciences. – 2020. – № 2. – pp. 129-133.
- Lynnik N.V. Determination of damage from patent infringement // Committee of the Russian Federation on Patents and Trademarks VNIIPI. – 1996. – pp. 34-35.