Inheritance of exclusive rights to trademarks as a way of realization of economic interests

 
PIIS013207690007188-8-1
DOI10.31857/S013207690007188-8
Publication type Article
Status Published
Authors
Affiliation: Financial University under the Government of the Russian Federation
Address: Russian Federation, Moscow
Affiliation: Financial University under the Government of the Russian Federation
Address: Russian Federation
Journal nameGosudarstvo i pravo
EditionIssue 10
Pages75-82
Abstract

In view of the absence of a direct mention in article 128 of the Civil Code of the exclusive rights to means of individualization in practice, there are difficulties with determining the order and time of transition of rights to a trademark by inheritance. The authors analyze the legislation of the Russian Federation and the French Republic and come to the conclusion that there is no transfer of the exclusive right to a trademark in the order of inheritance without state registration. The relevance of the comparative study of the legislation of the Russian Federation and the French Republic in the field of intellectual property is explained by the fact that the legislation of the French Republic is considered a model of codification in the continental system. The legal consequences of the refusal of inheritance in the context of personal non-property copyrights are investigated. It is proposed to recognize for the Creator of the trademark the right to exercise its protection, which will resolve the issue of bringing to justice for cases of so-called "parody of trademarks". The problem of inheritance of a trademark by an individual who does not have the status of an individual entrepreneur is investigated. Posthumous inheritance funds are analyzed in the context of inheritance of exclusive rights to a trademark. The article attempts to determine the legal nature of the right to use a name as part of a trademark. Based on an analysis of the French Republic's jurisprudence, the authors conclude that a citizen's name creates an opposable priority if only the owner of the name proves that the use of his name as a trademark will create a confusion that will harm him.

Keywordsinheritance, trademark, exclusive right, citizen's name, misleading, inheritance Fund, personal non-property rights, commercial concession, enterprise
Received15.10.2019
Publication date02.12.2019
Number of characters28442
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