Annotation:
The article considers the problems caused by inconsistent development of judicial practice, instability and inconsistency of court decisions in the consideration of cases related to the conflict of copyright and trademark rights.
There have been changes in the approaches taken by the higher courts over the last decade, which have led to a departure from basic principles, including the recognition of the priority protection of copyright.
The conclusion about inadmissibility of claiming the presence of associative links in consumers in relation to the work, its authors and title as a condition for the protection of authors' rights in trademark registration is substantiated, since copyright arises as a result of the author's creative activity to create the work and exists regardless of the acquisition of wide popularity of the work.
The necessity of further improvement of legal regulation and application of unified unified approaches in judicial practice to maintain a rational and sustainable balance of interests of authors, right holders, users and all members of society is proved.
The full text of the article is published in the journal:
Legal Science. 2021. № 4. С. 190 - 194.
http://jurnauka.ru/upload/iblock/e9e/%D0%AE%D0%9D%20%E2%84%964%202021.pdf https://cyberleninka.ru/article/n/avtorskoe-pravo-i-tovarnye-znaki-problemy-sudebnoy-praktiki
Author of the article: Dmitry Ivanov
