The objects of forensic examination and research related to industrial designs may be:
- industrial designs;
- industrial products;
- materials containing product information, etc.
Forensic examinations related to industrial designs are assigned to:
- when the court decides on the issue of infringement of the rights of the owner of an industrial design;
- when a patent for an industrial design is declared invalid due to violation of the rights of third parties;
- when a patent for an industrial design is declared invalid due to the non-compliance of the claimed object with the conditions for granting legal protection (for example, novelty), etc.
When ordering examinations or research related to industrial designs, the following materials must be provided:
- a certified copy of the industrial design patent;
- extract from the state register of registered trademarks for goods and services;
- in the case of resolving the issue of infringement of the rights of the owner of an industrial design – the object in which the industrial design or its high-quality images are embodied;
- in the case of resolving the issue of declaring a patent for an industrial design invalid on the basis of non-compliance with the novelty condition – materials that refute the novelty of the industrial design, indicating the date of their manufacture, publication, etc.;
- other materials depending on the issues that are put to the expert’s decision.
Indicative list of issues to be addressed:
Disputes about the recognition of rights
1. Does the industrial design under Ukrainian patent No. 000 meet the patentability condition of «novelty», according to the case materials?
2. Are there any features in the set of features of the industrial design under Ukrainian patent No. 000 that were not in the application materials?
3. Does the image of the industrial design under Ukrainian patent No. 000 contain a mark for goods and services under certificate No. 222, which was previously registered or applied for registration in Ukraine in the name of another person?
4. Does the image of the industrial design under Ukrainian patent No. 000 contain the trade name «ААА», which is known in Ukraine and belongs to LLC «ААА», which obtained the right to it before the date of filing the application for an industrial design with the Institution?
5. Does the image of the industrial design under Ukrainian patent No. 000 contain the qualified indication of origin of goods «ААА»?
6. Does the image of the industrial design under Ukrainian patent No. 000 contain the work «ААА» known in Ukraine or its parts that have an independent meaning (title, quote, character)?
Disputes over rights violations
1. Does the product «ААА» incorporate the set of essential features of the industrial design covered by Ukrainian Patent No. 000?