Open AccessLegal safeguard of trademark is in Ukraine at level of national legislation
Author(s) -
Lina LEONTIEVA
Publication year - 2021
Publication title -
ekonomìka, fìnansi, pravo/ekonomìka. fìnansi. pravo
Language(s) - English
Resource type - Journals
eISSN - 2786-5517
pISSN - 2409-1944
DOI - 10.37634/efp.2021.11.2
Subject(s) - trademark , intellectual property , unfair competition , legislature , legislation , law , safeguard , political science , civil code , lithuanian , business , law and economics , sociology , philosophy , linguistics
In this paper theoretical and practical questions are considered in relation to trademarks, the legislative base of institute of intellectual property is Analysed that touches a trade ark exactly, The legislative base of institute of intellectual property is analysed that touches a trade ark exactly, namely by Constitution of Ukraine, Civil Code of Ukraine; Economic to Code of Ukraine; A law of Ukraine is “On the guard of rights on signs for commodities and services”, Law of Ukraine “On protecting from an unfair competition”, Law of Ukraine “About an advertisement”. Drawn conclusion in relation to the legal adjusting of rights that is given by national legal acts and terms of grant of legal safeguard that research is examined in scientific.During consideration of this research a question is considered, that it is exactly necessary it is necessary to bear in a mind at determination of concept trademark, investigational that is grounds for acquisition of legal safeguard on a trademark and outlined that are grounds at confession of trademark invalid. Problems that appear in the field of the legal adjusting of trademark in Ukraine are investigational. The aspects of legal methods of protection of ownership rights are reflected on trademarks, and also the ways of analysis of situation and most optimal methods and effective mechanisms of defence are certain.In detail paid attention during research of functions, that is executed by a trademark and their maintenance that to our opinion has an important value for understanding of features of her legal defense is considered. By the basic functions of trademark certainly: replacement commodity or services among other partial, that are in civil turnover; replacement on the origin of commodity or services; industry on certain of commodity of services; advertising of this commodity of services.