Legal Aspects of Trademark Use in the Internet

The master thesis deals with the problem of legal aspects of the use of means of individualization on the Internet. The structure of the study is determined by its aims and objects and consists of the introduction, three chapters, which include paragraphs, conclusion, and list of used regulations and literature. The first chapter considers the evolution of the functional purpose of means of individualization using the methods of historical and doctrinal legal research. The chapter also reveals the features of the specific types of means of individualization at the present stage of development of law and economics. The second chapter of the master thesis analyzes the specific ways of using the means of individualization on the Internet from the perspective of balance between interests of the intellectual property rights holder and third parties. The third chapter describes the influence of the architectural features of the Internet on the relations arising in connection with the use of means of individualization; it also analyzes state and non-state mechanisms for regulating such relations. In the conclusion, the master thesis provides the theoretical findings about significance of the individualizing (distinctive) function of the means of individualization at the present stage of development of the analyzed body of law. Based on the analysis of Russian and foreign legal doctrine and case law, the author proposes implementation of appropriate non-state mechanisms for regulating relations on the use of means of individualization on the Internet.