PROBLEMATIC ASPECTS OF EXHAUSTION OF RIGHTS ON TRADE MARK IN THE UKRAINIAN LEGISLATION

The article analyzes the legal nature of the exhaustion of the rights or the «first sale principle» for the trademark (one of the cases when the exclusive property right to prohibit the use of the intellectual property right is subject to restriction), identifies the grounds and legal consequences of the exhaustion. In general, this institute has found its widest reflection in the field of trademarks in the Ukrainian legislation. However, the legal unclearness and ambiguity of approaches to certain aspects of the application of the exhaustion of trademark rights necessitates the search for ways of solving the problem, making appropriate legislative changes. The authors have analyzed the cases of application of the institute of exhaustion of trademark rights and have found that the legislator does not indicate the boundaries within which the rights should be exhausted. This allows for a broad interpretation of the relevant rule of law not in favor of the interests of the right holder. In addition, the article describes such problematic aspects of the institute of trademark exhaustion in Ukraine as uncertainty regarding the regime of exhaustion of trademark rights, as well as the admissibility of parallel imports in Ukraine. The authors highlight the specifics of each of the regimes of exhaustion (national, regional and international) and identify, taking into account case law and legal doctrine, which regime is more appropriate to apply in Ukraine. Most discussions have arisen between proponents of national and international regimes of exhaustion of trademark rights in Ukraine. The recent legislative changes in the aspect of regulation of the issue of parallel import (in particular, to the Customs Code of Ukraine) are analyzed and the legitimacy of its distribution in Ukraine is determined.