Pekar A. Protection against unfair use of means of individualization: civil law aspect

Pekar Anastasiia Oleksiivna. Protection against unfair use of means of individualization: civil law aspect - On the rights of the manuscript. The dissertation for obtaining a scientific degree of a Doctor of Legal Sciences with specialization 12.00.03 “Civil law and civil process; family law; international private law.” - Kyiv, 2021. The subject of the study is civil protection against unfair use of personalization, legal doctrine and rules of civil law, legislation on unfair competition and intellectual property in Ukraine and a number of foreign states, international acts and relevant case law. The scientific novelty of the obtained results is that the dissertation offers the theoretically substantiated and practically significant conclusions concerning protection against unfair use of means of individualization in the civil-law aspect. The author periodizes the formation and development of means of individualization and civil protection against their unfair use in accordance with historical forms of competition. The author offers the definition of civil law protection against unfair use of individualization means, which should be considered as a legal opportunity of the right holder or authorized person to use protective measures to prevent violation or termination of its consequences and restoration of the violated right. To expand the boundaries of civil law protection against unfair use of means of individualization of goods and services at the legislative level, it is necessary to enshrine provisions on protection against such offenses as: cybersquatting (typosquatting, industry cybersquatting, brand cybersquatting) with the help of normative consolidation of such a phenomenon as unfair registration of a domain name in all its manifestations, since this approach is aimed at protecting the means of individualization in the digital environment as part of civil turnover