Tkachuk H. Realization and protection of economic entities’ rights to trademarks

The functions of the trademarks are investigated, and on this basis is grounded the appropriateness of their supplement with such function as creation and protection of the business reputation of the economic entity. As a result of the research of the concept of the property right to a trademark in the field of management, it is established that this right can act as: subjective right that is realized by the economic entity during the economic activity; part of the property of the enterprise; object of economic circulation; object of protection. The principles of the exercise of a right to a trademark are generalized. The directions of improvement of the legislation of Ukraine that regulates the realization and protection of the rights to trademarks are refined. The provisions on compulsory anticipatory termination of the right to trademark have been clarified. Provisions for improving the legal basis for the pledge of rights to trademark are proposed: rights to trademarks owned jointly by several persons may be pledged only with the consent of all these persons; introduction of a mandatory notarization of the agreement of pledge of rights to trademarks and state registration of the pledge of rights to trademarks. The essential terms of the license agreement for the use of the trademark concluded between economic entities are specified. The definition of the concept “violation of right to a trademark” is clarified. The classification of types of violations of rights to trademarks has been improved depending on the criteria. According to the above said, it is specified that the amount of compensation should be determined by the economic entity in one of the following ways: the amount of remuneration that would have been paid if the offender had obtained permission to use the trademark, twice the price of counterfeit goods on which the trademark is illegally placed. The improvement of the legal basis for compensation of non-pecuniary (moral) damage caused by the violation of the rights of economic entities to trademarks is substantiated.