Powers of Subjects of Managing on Use Of the Commercial NameJournal: LAW AND INNOVATIVE SOCIETY (Vol.1, No. 3)
Publication Date: 2014-11-11
Authors : DENYSOVA R. О.;
Page : 31-38
Keywords : commercial name; name of legal entity; rights for subjects on the commercial name.;
Problem setting. Commercial name is one of a few undefined intellectual property objects in Ukraine today, and the issue of its legal protection has not regulated yet, because of the lack of a special law. Analysis of recent researches and publications. Analysis of recent researches indicates that there are almost no contradictions between lawyers, at present time, in the question of determine the nature of commercial name, but previously much of scientists equated the concept of commercial name with the name of the legal entity. The fair numbers of researchers are devoted to analysis of differences between the name of the legal entity and commercial name. The results of such researchers prove that the mentioned concepts carry out different tasks and requirements, among them: the duty to have a name; requirements to subjects; registration requirement; the moment of creation of right on a name; the terms of legal protection; the possibility of using the same names by several entities; the possibility of disposition. Target of research. The aim of the research is to clear up the fundamental problems of the enforcement of the right to commercial name. The several tasks have been set to achieve the designated goal, among them: 1) to analyze the content of the right to the commercial name, 2) to draw conclusion about the time of its occurrence, subjects set, the terms of legal protection. Article’s main body. Commercial name serves two purposes: 1) to show the type of person’s business activity; 2) to be able to sell this name with business. Another important function of commercial name, that is widely used abroad and hasn’t been implemented in codes, is entitle other persons to use it by entering, as a rule, into franchise agreement (commercial license). However, Ukrainian legislation does not provide an opportunity to use the commercial name by the others. The right to commercial name come in effect from the date of first use and protected without necessarily applying for it or its registration and regardless of whether or not a commercial name is the part of the trade name. Conclusions and prospects of the development. Enforcement of the right on commercial name by entities requires special law that should provide: 1) the concept of ?commercial name?; 2) the subjects set of such right; 3) the moment of creation of right with specifying the actions (its volume) that defined its first use; 4) the nature and procedure of registration of commercial names; 5) methods and procedures of disposition of the right to commercial name; 6) grounds for termination of the right.
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