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 72
- Downloads 0
PROBLEMS OF THE LEGAL REGULATION PROCEDURE OF THE LAND AUCTIONS AS A WAY OF ACQUIREMENT THE RIGHTS OF PROPERTY AND USE LAND FOR CORPORATE ENTITIES
The article analyzes the latest major changes in the provisions of the current legislation of Ukraine about conducting land auctions. It is indicated on the disadvantages of legislative regulation of land auction procedu...
STATE REGULATION OF ECONOMIC ACTIVITY: LEGAL ANALYSIS AND TRENDS
Over the past decades have been characterized by positive trends increase the number of business entities. Quite important in this context, analyze the system of state regulation of economic activity and key trends. The...
OBJECTIVE SIGNS AND SYSTEMATIZATION OF CRIMES AGAINST PEACE, HUMAN SECURITY AND INTERNATIONALLAWANDORDER
The article is devoted to the study of problems related to the definition of the object and the systematization of crimes against peace, human security and international law and order. The proper understanding of the sys...
WAYS OF IMPROVING INSTITUTIONAL FRAMEWORK CONSERVATION OF INDUSTRIAL PROPERTY
Despite the new political and socio-economic development guidelines of the Ukrainian state, it should be considered that in the place of public administration in the regulation of social relations is one of the most sign...
CRIME SITUATION AS A SOURCE OF EVIDENTIARY INFORMATION
The crime situation is a meaningful source of forensic information about events regarded as the subjects of cognition in the investigation. The information obtained by investigator must meet the procedural requirements t...