The Legal Grounds for the Recognition of Counterfeit Products

Student: Nikitukhina Valentina

Supervisor: Svetlana Kokina

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 7

Year of Graduation: 2016

This paper turns to the research of the legal grounds for the recognition of the counterfeit products. The object of the research is a violation of the copyright holders’ exclusive rights. Thus, it is necessary to consider the following tasks: to discuss the definition ‘counterfeit’ and find its ratio with related terms ‘fake’ and ‘piracy’; to discover the legal grounds for the recognition of the counterfeit products on the basis of court practice and scientific works; to determine the optimal model of legislation in the sphere of counterfeiting on the basis of its social nature. The lack of uniformity in court practice illustrates the relevance of this study. During the research the author comes to conclusion that the term ‘counterfeit’ has a broader meaning in the Russian legislation than abroad. The product must have a certain set of signs to be counterfeit. The decision to recognize the counterfeit product also depends on a particular situation. During the research positive aspects of counterfeiting are revealed.

Full text (added May 9, 2016)

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