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Soviet trademarks of the Twentieth century: problems of use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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PDF: Author(s): Surova S. V.,
Number of journal: 2(31) Date: May 2015
Annotation:

The article examines the issues of the Soviet trademarks use that arose at the beginning of 1990s. The reasons of use of the Soviet trademarks by manufacturers are identified. Such reasons resulted in unfair competition between the economic entities, in violation of exclusive rights for trademarks of the right holders. This resulted in significant increase of the number of judicial disputes. Possible ways of the issue resolution are proposed. Legislation regulating use of trademarks is examined; statistics of judicial practice is analyzed; position of the Federal antimonopoly service is presented regarding the issue under consideration. Attention is paid to the positions of civil lawyers regarding the issue. Results of examination can be used by the right holders for pre-trial protection of their exclusive rights, as well as in the court.

Keywords:

Soviet trademarks, copyright holders, exclusive right, collective marks, the right of prior use, bill, simple (exclusive) license, fair competition, parasitic competition, economic entities

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