DEVELOPMENT OF THE SYSTEM OF LEGAL PROTECTION OF MEANS OF INDIVIDUALIZATION OF GOODS AND SERVICES IN THE TERRITORY OF UKRAINIAN LANDS WHICH WAS ENTERED INTO THE COMPOSITION OF RUSSIAN EMPIRE IN XIX CENTURY
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 1
Abstract
The article analyzes the formation of the Institute of means of individualization of goods and services in the Russian Empire in the 19th century. It was found out that during the given historical period, the vast majority of the territory of modern Ukraine was part of the Russian Empire, and therefore, in these territories, there was a general imperial law. On the basis of the normative base, and certain theoretical developments, a number of legislative steps by the Russian authorities in the process of forming their own system of trademark protection are shown. It was found that Russian legislation in the sphere of trademark protection was rather conservative and instead of the term trademark (trademark) the term «commodity stamp», which had similar content, was used for a long time. The author reveals the peculiarities of the legislation on the protection of means of individualization. It has been established that unlike modern legislation where the trademark is the subject of intellectual property rights and is protected by the norms of civil law, in the then legal structure the trademarks belonged to the sphere of trade law. The author stresses the existence of a special order of marking the various types of goods. It was established that after the legislation was strengthened the responsibility for the violation of rights of trademarks.
Authors and Affiliations
Viktor IVASHCHENKO
Keywords
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