This research project aims at finding out whether the distinctive signs (trademarks, service marks, trade names, geographical indications) should be attributed as a special group of the intellectual property rights, and then looks for a possible basis for establishing of distinctive signs regime.
Last Update: 17.08.15
Trade marks, service marks, trade names and geographical indications are part of intellectual property that merchants and consumers resort to in their relations. For many years, the focus has been on protection of distinctive signs as industrial property rights.
This research project first sets out to find 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 intellectual property, and then seeks a possible basis for establishment of the regime for distinctive signs. This project also looks for balance between distinctive signs and others intellectual property rights, their future trajectories for interaction, possible ways of their mutual enrichment and potential development from a global perspective in a globalising world.
The intellectual property system is differentiating and expanding. The new outlook on distinctive signs provides a good framework for a contemporary reassessment and modernisation of intellectual property laws. It is necessary to consider legal approach for understanding how better to protect interests of businessmen and consumers during the using of distinctive signs.
The project involves work at the theoretical level. Functional methods are comparative legal research (international law, European law, US law, German law, Ukrainian law, Russian law), historical methods, method of induction and deduction, systematic analysis.
Results of this project will help to solve theoretical and practical questions concerning protection of distinctive signs, overlaps and interaction with other objects of intellectual property and can be a basis for further research in this field.
Unionsrechte und Unionsschutzsysteme
