Abstract
The relevance of the study is due to the lack of attention on the part of international and national legislation to such an object of intellectual property as well-known trademarks, in particular, to the regulation of their legal defence, and therefore this issue requires research and coverage in scientific circles. The purpose of the study is to investigate the difference between legal protection and legal defence of well-known trademarks in Ukraine. General scientific methods of knowledge (generalisation, formal-logical, synthesis, axiomatic) and special-legal methods (formal-legal, logical-legal, comparative-legal) were used to examine this problem. The paper considers the key features of well-known brands. By analysing the Ukrainian regulatory framework, it is established that the legal protection of well-known trademarks in Ukraine complies with the norms of international legislation, namely the provisions of Article 6 bis of the Paris Convention. A detailed analysis of the concepts of protection and defence is conducted and applied to the object of the study. It was established that the peculiarity of well-known trademarks is that they acquire the status of a protected object of intellectual property rights not from the moment of state registration but from the time of their recognition in the country, which means acquiring the status of being famous. The practical value of the study is that the results obtained can be used to improve the procedure for recognising trademarks as well-known, namely, to justify the possibility of choosing the appropriate course of action: by applying to the appeals chamber or applying to the court.
Publisher
National University of Life and Environmental Sciences of Ukraine
Subject
Industrial and Manufacturing Engineering,Polymers and Plastics,History,Business and International Management
Reference32 articles.
1. [1] Agreement on trade-related aspects of intellectual property rights. (1994, April). Retrieved from https://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm.
2. [2] Bulavina, S., & Davydova, T. (2017). “Protection” and “Security”: Theoretical aspects of the legal terms. History and Law Journal, 1, 27-31.
3. [3] Ciani, J., Ghidini, G., Atkinson, V., & van Caenegem, W. (2019). A comparative study of fashion and IP: Nontraditional trademarks in Italy and Australia. IIC – International Review of Intellectual Property and Competition Law, 50(9), 1101-1130. doi: 10.1007/s40319-019-00881-2.
4. [4] Council Directive 2008/114/EC on the identification and definition of European critical infrastructures and assessment of the need to improve their protection and protection. (2008, December). Retrieved from http://data.europa.eu/eli/dir/2008/114/oj.
5. [5] Directive (EU) 2015/2436 of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast). (2015, December). Retrieved from http://data.europa.eu/eli/dir/2015/2436/oj.