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Avdonina O.S. Abuse of the Right to Protection in Intellectual Property

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.18

Olga S. Avdonina

Degree-Seeking Student, the Department of Civil Law Disciplines, Moscow Academy of Economics and Law, Varshavskoe shosse, 23, 117105 Moscow, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it.


Introduction: the article deals with the questions of differentiation of abuse of the right to protection of intellectual property and the fair implementation of the civil rights. The author proposes that the rules of recognition of the abuse of the right to protection of a trademark should be applied to other protected results of intellectual property. The rules on the prohibition of unfair behavior and abuse of the right are primarily addressed to the court. It is important that nowadays the possibility of the qualification by the court of the actions of a person as the abuse does not depend on whether the other side referred to the abuse of the right by the counterpart. The court is entitled to refuse the protection of the rights of the person abusing them. The aim of the study of the author in the work of civil nature is to investigate the bounds of the fair protection of the exclusive rights. The methods used are the following: the methods of systematization, analysis and comparative and legal one. The results: the author’s position proved by the study is based on the law and the competent scientific community’s opinion of the extent of understanding the right to the protection of the exclusive rights. On the basis of the legal analysis of the provisions of the Civil Code and legal precedents, the differentiation of good faith and abuse of the exclusive right has been made. The conclusions: as a result of the study the author has proposed that the rules of recognition of the abuse of the right to protection of a trademark should be applied to other protected results of intellectual property.

Key words: protection of intellectual property rights, abuse of rights, exclusive right to a trademark, intellectualproperty, fair and unfair behavior.

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