Ischuk S. The law of intellectual property to Company (brand name) Name

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U005305

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

27-11-2009

Specialized Academic Board

К 26.500.01

Essay

The thesis investigates the problems of civil regulation of the company (firm) names institute in Ukraine. The analysis of the company names features and principles has been proposed; besides, its author's definition has been developed there. Possibilities of application of terms "firm", "brandname name", "company name", are certain for denotation of the probed legal phenomenon. The thesis ascertains the main functions of the company name in property turnover. Moreover, it defines the structure and the main requirements for the company name elements. A conclusion is carried out, that basic part of the commercial name is the special individualizing denotation. The problem of the subject's right to the company name has been analysed. The research provides the procedure of the arising of the individual's right to the company names. Also the features of equitable right are in-process analysed on the company name, investigational such his signs as exceptional nature, permanent character, singleness Furthermore, the analysis of the peculiarities of the subjective right to the company name and the issue of its realisation and protection have been given. On the ground of the thesis investigation, the conclusions and proposals concerning the improvement of the Ukrainian legislation have been provided there; finally, the draft law on the protection of the rights' to company names has also been suggested

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