Problematic Issues Of The Functioning Of The Institute Of State Intellectual Property Inspectors

  • L.V. Zinych
Keywords: State Intellectual Property Inspector, Intellectual Property Rights Protection, Legal responsibility.


The article deals with the problematic issues of functioning of the State inspectors on issues of intellectual property as specially authorized subjects of control over observance of the legislation on intellectual property. Special attention is paid to the legal status, powers and problematic issues of their activities. It has been determined that the State Intellectual Property Inspectors should be appointed on a competitive basis from persons with intellectual property education and experience in this field. Among the problematic issues of the functioning of the Institute of State Intellectual Property Inspectors should be: lack of machinery, financing at the expense of proceeds from fees for actions related to the protection of rights to intellectual property.

It is noted that the protocol on an administrative offense, which consists of authorized officers of the bodies of internal affairs, should include the data about the victim and the size of the damage caused by the violation if such damage is caused. However, in detecting a violation of the right to an object of intellectual property and drawing up an administrative offense record, it is not always possible to establish the rights holder whose rights are violated and the amount of damages incurred.

Based on the analysis of the activities of state inspectors on monitoring compliance with the legislation in the field of intellectual property law, it is concluded that the audit is conducted in three main areas: first, verification of the availability of permit documents for the use of intellectual property objects; second, verification of intellectual property objects, media containing objects of intellectual property rights, as well as the availability of control marks; thirdly, verification of the procedure for the implementation of technological processes, business operations associated with the production, distribution, rental, storage, use and transfer of these carriers.