Determination of trademark fair use cases

The topic of the final qualifying work is "Determination of trademark fair use cases". The author solved the problem of uncertainty of legal qualification (attribution) of the use of other people's trademarks by third parties without the consent of the copyright holder as cases of free use. The purpose of the work was to determine the list of cases of free use of trademarks by proving the existence of a legitimate interest in third parties and determining the content boundaries of trademark rights. To achieve the above goal the following tasks were set: * analyze the system of ideas underlying the regime of free use of intellectual property results; * study and present approaches of foreign legal systems to the free use of trademarks (USA and EU); * define the boundaries of trademark owners ' rights; • based on the analysis of judicial practice, doctrine, and international experience, substantiate the existence of legitimate interests of third parties (public interest) in restricting the exclusive right to a trademark; * consider the use of trademarks by 3 persons without the consent of the copyright holder in advertising, contextual advertising, for informational purposes, as well as for non-commercial and descriptive purposes. According to the results of the study, cases of free use of trademarks were identified: the use of someone else's trademark for information purposes, in advertising, in keywords in contextual advertising. It was also concluded that the use of a trademark for descriptive and non-commercial purposes does not constitute a violation of the trademark right, since such use is not included in the content of the exclusive right. The structure of the work is determined by its purpose and consists of an introduction, 3 chapters and conclusion. The introduction describes the relevance of the research topic, sets the problem, goal and objectives. The first Chapter describes the ideas underlying the free use of intellectual property, the characteristics and regulation of this institution. The second Chapter examines approaches to the free use of trademarks in foreign legal systems (USA and EU). The third Chapter examines specific cases of free use of trademarks by third parties without the consent of the copyright holders, by defining the boundaries of the exclusive right to the trademark, as well as determining the legal interests of the copyright holders and the society, third parties. The conclusion is devoted to the main conclusions reached by the author in three chapters.