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How to resolve disputable legal relations in the field of protection of intellectual property rights

How to resolve disputable legal relations in the field of protection of intellectual property rights

The interpretation of the court about how to resolve disputable legal relations in the field of intellectual property rights protection is published.

 


The review letter issued by the Higher Economic Court contains a number of legal opinions that courts should take into account when considering cases of protection of rights to intellectual property. In particular, the document lists the following:

- the commercial name should be used more than once, its application should be actual as of the date of application to the judicial body with the claim, it is obligatory to distinguish such concepts as "name of the legal person" and "commercial name";

- if the license agreement is concluded after the musical work was reproduced in public, it is impossible to explicitly judge that the above reproduction took place with violations of the law;

- a pecuniary nature is the obligation under which it is necessary to pay the amount of producers, importers (who produce equipment for reproduction at home of musical works), and if this obligation is not fulfilled in time, the offender is liable under civil law;

- and others.