К вопросу о нетрадиционных способах коммерциализации служебных фотографических произведений

Abstract

The authors have analyzed the existing approach to the fight against unscrupulous Internet trade players, most often online stores, based on filing claims to the court for the protection of exclusive rights to a trademark posted on the In-ternet against the owners of unscrupulous online stores. As a result of the analysis of judicial practice, the authors iden-tified certain shortcomings of the existing approach, the main of which is the circumstances associated with the exhaustion of exclusive rights to a trademark. On the basis of practical activities, the authors proposed a new approach to protecting the intellectual rights of manufacturers of goods based on the paperwork of photographs of goods as official photographic works. The authors analyzed the judicial practice on the use of the developed approach, as a result a high percentage of successful resolution of cases by the rightsholder was revealed, the main circumstances to be proved in the category of cases under consideration were identified, and recommendations were made to improve the workflow on the creation and use of official photographic works. It should be noted that the use of photographic works as objects of intellectual property, manufacturers of original goods, allows to successfully combat unscrupulous online stores, which is especially important in modern conditions of e-commerce.