The project aims at finding out the grounds of the separation of distinctive signs, where trademarks, service marks, trade names, geographical indications can be attributed to, as a separate group of the intellectual property objects. A comparative analysis can help to solve this goal.
Last Update: 01.10.12
The legislation of Ukraine is on the stage of formation. It is strictly necessary to work out the draft laws in the field of intellectual property and their amendments. A comparative analysis of the legal regulation and legislation abroad can help to solve problems in Ukraine as countries such as the European Union Member States have legislation with deep historical roots. Though borrowing of the terms and unsystematic copying of the legal regulations in foreign countries is not the way of solving the problems concerning legal protection and protection of intellectual property rights. What ought to be achieved is an integral and effective legislation taking into account all the peculiarities of the legislation in Ukraine as a whole.
Ukraine is not the isolated state and enters into relations with other countries, in particular, the participation in the world trade. It is this cooperation that quite often results in collision of rights to distinctive signs, as the intellectual property rights at the same signs may belong to different persons.
Today one can ascertain the fact that from the industrial property rights has segregated, trade names, trademarks, service marks and geographical indications, which form group of distinctive signs. The main function of the above-mentioned objects is to distinguish the participants’ civil turnover, their goods and services from others. There is no scientific research in Ukraine, which substantiated the reasonability of distinctive signs as independent group of intellectual property objects.
Therefore, the project aims at finding out the grounds and criteria of the separation of distinctive signs, where trademarks, service marks, trade names, geographical indications can be attributed to, as a separate group of the intellectual property object.
The project will result in the writing of the monograph “The Intellectual Property Right on Distinctive Signs in the European Union and Ukraine”.
Valentyna Kryzhna
Dr. Roland Knaak
Funktionen, Zielsetzungen, Werte und Wertungskriterien
