FEATURES OF CIVIL LIABILITY FOR VIOLATION OF THE MEANS OF INDIVIDUALIZATION OF GOODS AND SERVICES
Journal Title: Право та інновації - Year 2014, Vol 4, Issue 1
Abstract
Features of civil liability for violation of the means of individualizationof goods and services," OM Voloschenko. The mechanism of applying of civil legal responsibility for breach of rights on appropriation of goods and services is analyzed in the article. The author of the work supposes that the problem which deals with the difficulty of assessment of full capacity of loss of profit and moreover the problem of uncertainty between losses is in the basis of low efficacy as for loss of profit recess. Among the ways of increasing of efficacy of civil legal responsibility for breach of rights of certificate owners on the legal methods of appropriation of goods and services the author suggests applying of multiple principle of losses recess. Providing additional guarantees of applying of appropriation of goods and services legally is possible on condition of complex method to improvement of national legislation on questions of protection of legal methods of appropriation of goods and services, advertisements, etc. The author made a conclusion that the best practice to increase the level of protection of rights on trade mark of goods origin is the right of ban of stated legal method of appropriation by the proper governmental body authorized to register trade mark of goods origin. Such approach should be considered as a state guarantee of protection of rights of legal owner and the state as a special subject, the territory of which possesses peculiarities giving the proper characteristics for getting the right to register trade mark of goods origin. Key words: means of identification of goods and services, civil liability , the principle of multiple damages
Authors and Affiliations
Olga Voloshchenko
Keywords
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