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Protection of Trademark Rights in the Russian Federation

Student: Dmitrieva Lyubov

Supervisor: Vitaly Kalyatin

Faculty: Faculty of Law

Educational Programme: Civil and Criminal Defense Lawyer (Master)

Year of Graduation: 2020

The master's thesis is devoted to the analysis of the provisions of Russian legislation governing the protection of exclusive rights to a trademark in the Russian Federation, as well as the analysis of judicial practice on issues of parallel import. The aim of the study is to determine the most effective ways to protect a trademark in the Russian Federation. The master's thesis includes: 1. Determination of the free use of the trademark by third parties without the consent of the copyright holder in the territory of the Russian Federation. 2. Analysis of civil law, criminal law, administrative and legal methods of protecting a trademark. 3. Justification of the effectiveness of the civil law method of protecting the right to a trademark. 4. Development of a methodology for calculating damage, the concept of repeated acts within the framework of Article 180 of the Criminal Code of the Russian Federation. 5. Development of the grounds for exemption from administrative liability in connection with the reconciliation of the parties and compensation for harm caused to the injured party. 6. Issues of narrowing the capabilities of the copyright holder to combat parallel imports. The master's thesis is aimed at solving problems arising from the application of methods for protecting trademark rights. To solve them, it is proposed to amend the legislation, which will positively affect the creation of a uniform practice.

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