SOME PROBLEMS OF THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN SPORTS (EXAMPLE OF THE SIGN OF GOODS AND SERVICES)

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SOME PROBLEMS OF THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN SPORTS (EXAMPLE OF THE SIGN OF GOODS AND SERVICES)

Journal Title: Часопис цивілістики - Year 2018, Vol 30, Issue

Abstract

The article deals with problems of protection of intellectual property rights in the field of sports. Particular attention is paid to the protection of the mark for goods and services. It is noted that the use of means of individualization in the field of sports involves numerous violations associated, in particular, with the use of the mark for goods and services. It is indicated that the term «trademark» is a direct borrowing from the English language and, in fact, the term «sign for goods and services» and «trademark» mean the same concept and can therefore be used as equivalent. Trademark is an object of industrial property, legal protection of which is carried out on the basis of the Civil Code of Ukraine and the Law of Ukraine «On the Protection of Rights to Trademarks for Goods and Services». Frequently, trademark rights in the field of sport are violated. Unfair entrepreneurs, using the excitement of fans about an outstanding sporting event, produce and sell souvenirs, sports equipment, clothes, accessories with the illegal use of objects of copyright, trademarks and industrial designs on them. On sale you can find souvenir magnets, notebooks, cups, t-shirts, sports balls of dubious quality with the symbols of sporting events or sports clubs, photos of athletes, trademarks of sponsors of sporting events, etc. However, according to the law, use of these objects of intellectual property on the goods is possible only after obtaining permission from the right holder. According to Art. 4 of the Law of Ukraine «On Protection against Unfair Competition» the use of the name, commercial name, trademark (mark for goods and services), advertising materials, packaging of goods and periodicals, other designations without the permission (agreement) of the subject of management, which previously began to use their or similar notations in economic activities that led or may lead to confusion with the activities of this entity, is unlawful. Based on the analysis of judicial practice, it was concluded that there are problems in the protection of intellectual property rights in the field of sports, which require an immediate solution taking into account the specifics of the relations arising in this area.

Authors and Affiliations

Олег Юрійович Лавренюк

Keywords

EP ID EP602440
DOI -
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