Changing Traditional Mechanisms of Russian Law: Protection of Means of Individualization on the Internet

Abstract

This article is motivated by the growing interest in the problem of Internet trademark usage and the comparatively low interest in the non-Internet equivalent. Despite the fact that differences in the regulation of on-line and off-line trademark utilization have been recognized over a long period of time, there is still no harmonization among the numerous Russian laws in the field of ‘other means of individualization’. Although recent research studies have been numerous, lawmakers still haven’t decided on how the Internet has influenced the exclusive rights granted within Chapter 76 of the Civil Code of the Russian Federation. The issue at hand is affected by the significant growth of the Internet and electronic commerce. Moreover, the problem discussed in this paper arises from the fundamental question of limits on the exercise of subjective civil rights.The aim of this paper is to analyze different means of individualization under Russian legislation; to show key aspects of usage and protection of the means of individualization on-line; to reveal the doctrinal theories stipulating the emergence of new distinctive objects; to describe the current and potential pitfalls of the legislative framework; and to demonstrate modern legal trends in this field. In addition, this paper suggests different steps for and models of further regulatory development.