Responsibility for Illegal Use of Trademarks: International and Interstate Aspects
DOI:
https://doi.org/10.6000/1929-4409.2020.09.327Keywords:
Criminal liability, trademark, illegal use, individualization means, international aspects, interstate aspects.Abstract
A trademark is a widespread means of product individualization, which allows you to draw attention to the product, its manufacturer, or the seller. In fact, Goods, works, service individualization tools in the Russian Federation are the outcome of mental activity. Trademark registration makes it possible to form an easily recognizable brand and use it in order to sell it successfully among similar products. A manufacturer, promoting his product on the market, spends money on advertising, and increases the attractiveness of his products. Unscrupulous entrepreneurs are very tempted to produce goods using a famous brand, without corresponding costs, and without keeping a high quality of his goods. This article discusses the international and domestic aspects of accountability for the illegal usage of a trademark and provides recommendations for R.F. criminal law improvement. Moreover, Several investigation methods are utilized in the survey, including statistical, systematic and structural, historical and legal, formal and logical, specific sociological, as well as comparative law.
References
Civil Code of the Russian Federation. Part Four of No. 230-FZ issued on December 18th, 2006 (as amended on July 18th, 2019). Russian Newspaper, 2006. 289.
Danilov, D.B. (2014). On the issue of a trademark illegal use determination in an arbitration court: theoretical and practical aspects. Arbitration and Civil Procedure, 7, 32 - 36.
Enderle, G. (2020). Corporate responsibility for wealth creation and human rights. Cambridge University Press. https://doi.org/10.1007/978-3-319-68845-9_99-1 DOI: https://doi.org/10.1017/9781108913966
Goloviznina, I.A. (2008). Illegal use of a trademark: Abstract. from the dis. by the cand. of legal sciences. - M., p. 9.
Hemel, D. J., & Ouellette, L. L. (2020). Trademark Law Pluralism. University of Chicago Law Review, Forthcoming. https://doi.org/10.2139/ssrn.3697529 DOI: https://doi.org/10.2139/ssrn.3697529
Kleimenova, M.O. (2017). The administrative and legal mechanism for the suppression of unfair competition in connection with the illegal use of a company name, trademark, and service mark. Property Relations in the Russian Federation, 8, 28 - 31.
Madrid Agreement on the International Registration of Marks (1992). WIPO Publication, 260 (R).
Serebruyev, I.V. (2016). Major damage as a constructive sign of the illegal use of individualization means for goods (works, services): problems of criminal legal assessment. Business, Management, and Law, 3-4, 100-102.
The Convention for the Protection of Industrial Property(1999). (Concluded in Paris on 03.20.1883) (as amended on 02.10.1979). Law, 7. (extraction).
The Criminal Code of the Russian Federation No. 63-FZ on June 13th, (1996) (as amended on April 7th, 2020). Collection of the Russian Federation legislation, June 17, 25, - Art. 2954.
The Letter of the North-West Customs Administration of the Russian Federation No. 01-28-07 on 03.11.2000. 12862 "On recommendations to improve the procedure of customs value control."
The R.F. Constitution (adopted by popular vote on December 12th, 1993) (as amended by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation No. 6-FKZ dated on December 30th, 2008, No. 7-FKZ dated on December 30th, 2008, No. 2-FKZ dated on February 5th, 2014, No. 11-FKZ, dated on July 21st, 2014) // Russian Newspaper, 1993. - December 25th.
The tax code of the Russian Federation (part one) dated on July 31st, (1998). No. 146-FZ (as amended on April 1st, 2020) // the collection of the Russian Federation legislation, 1998. - No. 31. - 3824.
Volzhenkin, B.V. (2007). Crimes in the field of economic activity under the criminal law of Russia. - SPb., p. 448.
Zenin, I.A. (2015). The problems of Russian intellectual property law (selected works). - M.: Statute, p. 14.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Policy for Journals/Articles with Open Access
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work
Policy for Journals / Manuscript with Paid Access
Authors who publish with this journal agree to the following terms:
- Publisher retain copyright .
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work .
