LICENSE INTELLECTUAL PROPERTY RIGHTS ON COMMERCIAL (TRADE) NAMES

Abstract

The article examines issues of intellectual property right on commercial (trade) names. There were analysed the theoretical positions, the positions of courts’ practices on the subject of this scientific research (resolving disputes related to the protection of commercial names). The analysis of legal regulation of these relations was done. It has been established that the list of property intellectual property rights is not exhaustive, in addition to certain defined these property rights, also other (non-titled) rights established by law, at present there are no legislative acts establishing (or generally regulating) intellectual property relationship on a commercial name. It is proved that the right to use a commercial name covers a number of various actions of the subject aimed at achieving the maximum efficiency in economic turnover under its own commercial name. It is substantiated that the right to use a commercial name is exercised through the use of such name in economic turnover for personalization (as opposed to other entities operating in this or related areas with the subject). Such use is the most extensive and abstract in its content and can find a specific expression through the actual ways and means of use. It was paid attention to the fact that when exercising the rights to a commercial name, the subject is based on a general permissive principle that operates in the light of the general limits of the exercise of subjective rights and should take into account the general principles of civil law, enshrined in art. 3 of the Civil CodeofUkraine. It is proposed at the legislative level to regulate relations on the refusal of a commercial name, in particular, in case of reshuffling the activity of the subject of rights to it, since, considering that the entity cannot transfer the rights to a commercial name, except in conjunction with a holistic property complex, in this case his waiver of such rights or, if the entity does not carry out activities for the denomination of which the commercial name has been used, it is expedient for such a subject to provide the right to a paid alienation of the rights to a commercial name.