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Parody as a Сase of Free Use of Copyright and Trademarks

Student: Shabalina Mariya

Supervisor: Vladislav Starzhenetsky

Faculty: Faculty of Law

Educational Programme: Corporate Lawyer (Master)

Year of Graduation: 2017

This master thesis explores the parody as a case of fair use of copyrights and trademarks. Parody of intellectual property is widespread as it is often used in media and commercial, but the proper statutory regulation is virtualy absent in Russia and despite high importance of the judicial precendent in Russia's commercial law it does not provide for the guidance either. Absence of the definition of parody and the clear cut guidence on its application coupled with topic undevelopment in academic literature lead to the uncetranity in enforcement of IP rights of both original owner and parody owner. The aim of this thesis is to provide a theoretical argument and practical guidence on indentification of parody and proper fair use of it.

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