Особенности правового регулирования лицензионных договоров о предоставлении права использования товарного знака

Abstract

The article examines current legal problems which arise in connection with trade mark license contracts. In the contemporary business environment a problem of liability for non-ensuring quality control under trade mark licensing law has become increasingly important. Restrictive business practices and regulation of parallel import is another concern. Authors analyze not only provisions of the substantive law but also legal regulation of the relevant issues concerning the conflict of laws rules. The article also tackles a major problem in the sphere of international private law: correlation of lex contractus and lex loci protectionis connecting factors. Lex contractus covers contractual aspects of the trade mark license such as contract interpretation, mutual obligations of the parties, their performance, discharge and consequences of breach thereof. And lex loci protectionis governs non-contractual aspects such as existence, validity and protection of the right to the trade mark itself. Sometimes it is difficult to label certain issues, like the licensee’s allowed continued use of the mark after the termination of the license, as contractual or non-contractual. The article offers comprehensive analysis of all these questions on the basis of the most recent legislation, court practice and doctrines, both Russian and foreign.