European legal dimension relative to the sphere of intellectual property in terms of protection of names of states
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article discusses the challenges faced by Ukraine regarding implementation of European standards in the field of intellectual property under the Agreement on Association of Ukraine with the EU on the protection of names of States. It is concluded that the protection of official names of States against misuse is an essential part of the protection of sovereignty of any state as a whole. Also in the world proved that the use of country names is an important part of the identifiers of nation branding. Accordingly, States must at the level of national legislation to protect these names from misuse and to promote their constructive use in the implementation of a nation branding strategy. It is emphasized that for Ukraine it is of particular importance in the process of self-identification of the Ukrainian nation, the development of free trade zones with countries and regions of the world, particularly the European Union, the implementation of strategic development objectives. It is emphasized that the use of state symbols by a person who is not involved, or a permit, may impose consumer confusion regarding the origin of goods for which it is used. It does not have a value for any goods or services is such use. Based on the analysis of the experience of the EU and individual member States of the EU concluded that the European legislation is adopted by the approach in which national legislation enshrines features of the legal protection of names of States. There are a number of ways of protecting the names of countries at different stages before and after the registration of the trademark. With respect to country names in the legislation of European countries shall apply the General grounds for refusal of registration of marks. This applies to characters that have no distinguishing characteristics that are descriptive, contrary to public order, mislead, deceive, or give false information. Indicated experience should be to find a more complete entrenchment in national law of legal protection of trademarks in the process of implementation of European standards.
Authors and Affiliations
Volodymyr Senchuk
Keywords
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