Author(s): Tarasenko Oleh, Momotenko Tamara, Chaplynskiy Kostyantyn, Barash Yevgen, Patyk Andrii
Description: The purpose of the article is to consider the peculiarities of definition of material damage in the course of investigation of criminal offenses in the area of intellectual property related to copyright infringement. Research methodology. The study used general scientific and special methods, namely: analysis and synthesis method, logical method, dialectical method, monographic method, logical and semantic method, normative and dogmatic method and legal modeling method. Results of the Study. Based on the study of court decisions, scientific and methodological developments, it is concluded that the monetary amounts (e.g., loss of profits) cannot be recognized as the amount of the tangible damage. The possible components of material damage caused by copyright infringement, its content and the methods of its calculation are established. Practical implication. The possibility of using the price of copyright and / or related rights, at which the owner sells his (her) rights on the market for the definition of the amount of damage caused in case of violation of such right, is considered. Value /originality. It is noted that the amount of direct material damage caused by infringement of intellectual property rights in criminal proceedings should be determined as the amount of funds that the subject would have received from a person who unlawfully used the object if used in the manner prescribed by law, i.e. as the amount of unpaid remuneration received for the use of an intellectual property right.