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Abuse of the Right to a Trademark in Russian law

Student: Sergei Tikhov

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

Today, the use of the construction of abuse of law is being raised more and more often. As a rule, the issue of abuse of law is raised in those industries where subjective law has wide boundaries and is protected by effective, but “hard” methods of protection. This tool is especially relevant in the framework of the consideration of disputes related to the illegal use of intellectual property objects, since for the infringer, a statement of abuse of the right by the plaintiff becomes, in fact, the only effective basis for objection to the stated claims. In the Russian legislation, the most "used" are trademark rights. Accordingly, a certain law enforcement practice has developed in this industry, which makes it possible to analyze this institution in more detail. This work is devoted to the study of issues of abuse of the right to a trademark. To reveal this purpose, the work will examine the main features of trademark regulation in the context of modern development of society, as well as study the sources of regulation and legal principles. The study also analyzed the general provisions of abuse of law and studied specific unfair practices related to trademark rights and methods of countering abuse of trademark rights.

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