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Legal Protection of Commercial Designation in Russian Federation

ФИО студента: Anastasiia Dudko

Руководитель: Nikita Ivanov

Кампус/факультет: School of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2017

Key words: commercial designation, means of individualization, exclusive right, distinctiveness, intellectual property, entrepreneurial activity. Commercial designation in accordance with Russian legislation is a means of individualization of an enterprise as a property complex. The development of market relations determines the necessity of protecting the means of individualization legally. The Institute of Legal Protection of Commercial Designations contributes to business development and preservation. However, increasing brand awareness of a certain market member leads to violation of exclusive rights to commercial designation, which affects the reputation of enterprisers and can suffer them damages. For the first time, matters of commercial designations regulation at the legislative level were recognized with the adoption and implementation of IV part of the Civil Code of Russian Federation. However, the Russian legislation does not regulate the issue of granting legal protection to commercial designations sufficiently. This is expressed in the absence of legal definition, unified approach to understanding the legal nature of commercial designation, determining the moment of the emergence of the exclusive right and other debating points. Judicial practice is in the middle of formation, certain level of conformity in understanding the legal nature of commercial designation has already been achieved. Although, most judicial positions are inconsistent with the issues of legal protection of commercial designations. The goal of research is comprehensive investigation of the institute of legal protection of commercial designation in Russian Federation, searching for lines of approach to solve problems of legal regulation of commercial designation and submitting legislative improvements.

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