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
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