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"Soviet" Trademarks: in a Search for a Compromise

Student: Kirill Khotulev

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

The struggle for the Soviet times indications used to mark goods ("Soviet" trademarks) is far from being over. Its "combatants" are represented by the constant right holders of the "Soviet" trademarks and former Soviet producers of Soviet brands. This confrontation is considered to be abnormal, while proposed ways of tackling this problem are deemed to be insufficient. In this paper for the first time economic analysis of law is utilised in order to find the solution to the problem of the "Soviet" trademarks. After assessment of the existing ways of dealing with this problem is completed certain propositions to the legislation are made, so as to drive a balance between the struggling parties. The transborder side of the question is as well analysed, which is connected with the implementation of the internal market in the Eurasian Economic Union. Keywords: "Soviet" trademarks, trademarks, right of prior use, internal market, Eurasian Economic Society, Eurasian Economic Union.

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