PROCEDURE AND THE WAYS OF PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR A COMMERCIAL NAME
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article examines issues of intellectual property right on commercial (trade) names. There were analysed the theoretical positions, the positions of courts’ practices on the subject of this scientific research (resolving disputes related to the protection of commercial names). The analysis of legal regulation of these relations was done. The author found that only several articles of Civil Code of Ukraine and the Commercial Code of Ukraine regulate the relations about commercial names of entities. The author proved that an infringement of the right to a commercial name should be considered unlawful use of the protected designation by third parties, which may mislead consumers and harm the legitimate interests of the subject of rights to a commercial (firm) name. The means of protecting of the right to commercial (firm) name are the obligation to terminate the use of the identical name, refunding of damages incurred by such use, the obligation of the participant of the legal entity or its authorized body to make necessary changes to the constituent documents. The author pointed out that the requirement to cancel the state registration of a business entity on the grounds of the similarity of their commercial (firm) names is not an appropriate way of protecting of the right to commercial (firm) name. The author confirmed that the norms of the legislation on the protection of economic competition also ensure the legal protection of the rights to a commercial name.
Authors and Affiliations
Л. В. Андрейчук
Keywords
Related Articles
- EP ID EP477609
- DOI -
- Views 80
- Downloads 0
STAGES OF REFORMING THE CROATIAN JUDICIAL SYSTEM
The article analyzes the history of the development and formation of the modern structure of the judicial system of Croatia, the aspects determining the types of specialization of the courts of the country, the order of...
CRIMINAL RESPONSIBILITY FOR FALSIFICATION OF MEDICINAL OR CLEANING OF FALSIFIED MEDICINAL MEDICINE: ANALYSIS OF SPECIFIC DISCUSSION POSSIBILITIES OF THE DIRECTORAL STUDY I. A. KOVALENKO
The article is devoted to the analysis of separate discussion provisions of the dissertational research of I. A. Kovalenko «Criminal responsibility for the falsification of medicines». The author, on the basis of the ana...
IMPROVEMENT PROVISION OF PUBLIC SERVICES (PUBLIC OPINION POLL OF THE POPULATION)
The scientific article is devoted to sociological research of public services in Ukraine. In particular, the survey population (2014–2016 years) was attended by 450 people. The ways of optimization of public administrati...
THE DEFINITION OF FAIRNESS AS ONE OF THE FUNDAMENTAL PRINCIPLES OF LABOR LAW
The article is devoted to the study of one of the basic principles of labor law - justice. The evolution of the formation of the category «justice» is investigated, the main approaches to its definition are considered. T...
THE ROLE OF THE DECREES OF THE PRESIDENT OF UKRAINE IN THE LEGAL REGULATION OF THE REFORM OF THE PROSECUTOR’S OFFICE OF UKRAINE
The article, based on the analysis of the norms of the current legislation of Ukraine, defined the role of decrees of the President of Ukraine in the legal regulation of the reform of the prosecutor’s offices of Ukraine....