scholarly journals Legal safeguard of trademark is in Ukraine at level of national legislation

2021 ◽  
Vol 11 (-) ◽  
pp. 14-17
Author(s):  
Lina LEONTIEVA
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
Unfair Competition ◽  
National Legislation ◽  
Optimal Methods ◽  
Unfair Competition Law ◽  
Basic Functions ◽  
Legal Defense ◽  
Ownership Rights

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.

Turkey (‘.tr’)

2015 ◽  
Author(s):  
Mustafa Aksu
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
Unfair Competition ◽  
Trademark Law ◽  
Unfair Competition Law ◽  
Commercial Code ◽  
Turkish Commercial Code

The Trademark Decree-Law constitutes an important component in the alignment of Turkish trademark law with European laws concerning intellectual property. According to the Trademark Decree-Law, protection is only possible for registered trademarks (Trademark Decree-Law, Article 6). Unregistered trademarks must instead rely on the unfair competition law provisions of Articles 54 to 63 of the Turkish Commercial Code (hereinafter TComC).

scholarly journals Unfair Competition in the Field of Intellectual Property Rights: Analyzing Concepts, Acts of Unfair Competition and Laws

2021 ◽  
Vol 14 (3) ◽  
pp. 44
Author(s):  
Yongyeh Ngalim Elizabeth ◽  
Lu Ming Yu ◽  
Dagadu Prince Palmer ◽  
Bright Anyomi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Regulatory System ◽  
Competition Law ◽  
Unfair Competition ◽  
Legal Method ◽  
Unfair Competition Law ◽  
International Laws ◽  
Legal Frameworks

This study aims to analyze Unfair Competition in the field of Intellectual property rights. This research seeks to explore and show how the concept of unfair Competition interferes in the area of intellectual property rights. Furthermore, we have investigated how competition law and intellectual property rights interfere with each other. The research evaluates unfair competition practices in the scope of intellectual property rights, referring to specific international laws directly related to each course. Finally, it examines the regulatory system that governs these sectors. Reference is made particularly to the Chinese Anti-Unfair Competition Law and other international laws on trademark practices. As far as the study's methodology is concerned, qualitative data analysis is applicable alongside with comparative legal method for analyzing "de lege lata" and "de lege feranda" situations in a range of the concluded topic. The study finds out that Unfair Competition in the domain of Intellectual Property rights involves actions by an operator that infringe the legislation's rules, harm operators' legitimate rights and interest on the market, thereby threatening socio-economic order. The study concluded that Unfair Competition acts in the field of Intellectual Property rights (like Industrial espionage, infringement of trade secrets, trademark infringement) impede innovation, stifle, and affect Competition in the real market. And the occurrence of these Unfair Competition practices is common, even though there are existing legal frameworks that regulate this sector. The research reveals an international regulatory system such as the Paris Convention 1883, the Patent Act 1977, and the Espionage Act 1996 have specific and statutory laws that target unfair competition practices. The Chinese Anti-Unfair Competition Act 1993 forbids unfair Competition in intellectual property rights and defends operators and citizens from unfair competition practices. The study also deduces that the existing legal framework regulating this sector is practical to a small extent because these Unfair Competition Practices are still very much detectable in the trade sector. As most legal frameworks dwell on civil liabilities instead of criminal penalties, operators can easily violate the law by relying on whether they can afford the civil penalties. There are recent amendments to adjust and adapt to the evolution of patterns and daily market innovations (Example: Amendment of the Chinese Anti-Unfair Competition Law in 2003). We concluded the study by bringing in suggestions and recommendations. Qualitative research methodology applies to the following article.

scholarly journals Tarptautinis nesąžiningos konkurencijos teisės vienodinimas

Teisė ◽  
2008 ◽  
Vol 67 ◽  
pp. 76-90
Author(s):  
Marius Jakutavičius
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Historical Development ◽  
Competition Law ◽  
Unfair Competition ◽  
Unfair Competition Law ◽  
International Harmonisation ◽  
Paris Convention

Straipsnyje nagrinėjamos 1883 m. Paryžiaus konvencijos dėl pramoninės nuosavybės apsaugos, 1996 m. Pavyzdinių apsaugos nuo nesąžiningos konkurencijos nuostatų ir 1994 m. Sutarties dėl su prekyba susi­jusių intelektinės nuosavybės apsaugos aspektų istorinės priėmimo aplinkybės ir reikšmė tarptautiniam nesąžiningos konkurencijos teisės vienodinimui. Article examines historical development of the 1883 Paris Convention on Protection of Industrial Proper­ty, the 1996 Model Provisions on Protection Against Unfair Competition, also the 1994 Agreement on Tra­de-Related Aspects of Intellectual Property Rights, and their significance to international harmonisation of unfair competition law.

Influencer Marketing

2021 ◽  
Author(s):  
Felix Maatz
Keyword(s):  
Competition Law ◽  
Regulatory Framework ◽  
Unfair Competition ◽  
Unfair Competition Law ◽  
Modern Form

Influencers are omnipresent in various appearances in today's media landscape. Nevertheless, there is a lack of uniform handling of media and unfair competition law standards. In fact, divergences in decisions by regional and higher regional courts have led to uncertainties in answering the question of whether and how publications by influencers must comply with any advertising labelling obligations. The author takes this as an opportunity to clarify the key problem areas and, at the same time, to determine whether the existing legal regulatory framework is sufficient and capable of producing appropriate and interest-oriented results for a modern form of advertising such as influencer marketing.

Das Verhältnis zwischen Marken- und Lauterkeitsrecht beim Schutz von Unternehmenskennzeichen

2021 ◽  
Author(s):  
Yaotian Chai
Keyword(s):  
Comparative Study ◽  
Hard Rock ◽  
Competition Law ◽  
Federal Court ◽  
Unfair Competition ◽  
Application Domain ◽  
Trademark Law ◽  
Court Of Justice ◽  
Unfair Competition Law ◽  
Federal Court Of Justice

Company signs can be protected by trademark law and unfair competition law. However, can the two legal instruments be applied cumulatively? If the results obtained under the two laws conflict with each other, how can the conflict be resolved? The German Federal Court of Justice has confirmed the principle of cumulative application in the Hard-Rock-Café judgement in 2013. However, in this case, the result under unfair competition law was aligned with that under trademark law. This approach seems doubtful. This comparative study seeks to delimit the application domain of unfair competition law besides trademark law by protection of company signs and to find the appropriate approach by contradictory results.

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