Kravchenko T. Legal regulation of the use of business reputation of business entities

A comprehensive, systematic economic and legal study of the legal support for the use of business reputation of business entities, aimed at improving the current legislation. The subject area of the research focuses on the legal support of the use of business reputation of business entities. The study clarifies the definition of the business reputation of business entities; the features of the concept of business reputation of business entities are specified; the indicators of activity that influence the formation of the business reputation of the business entity are specified; it is substantiated that in the field of management there is a commercialization of business reputation by using the objects of intellectual property rights belonging to the business entity (trademarks, trade names, industrial designs), introduction of these objects into economic turnover, implementation of other actions concerning the organization and carrying out economic activities aimed at making a profit; it is substantiated that in case of damage to the image, reputation, clientele, prestige, other intangible values of the business entity, the object of protection will be related to these values protected by law interests (legitimate interests), if such violations are not absorbed by violation of the right to business reputation of the business entity, otherwise the object of protection will be the right to business reputation of the business entity; the relationship between the concepts of business reputation and goodwill is specified; The directions of improvement of the legislation of Ukraine in the field of use of business reputation of business entities are specified; the concept of using the business reputation of business entities is specified; generalized ways to use the business reputation of business entities; generalized ways to use the business reputation of business entities; it is substantiated that in the process of reorganization of economic organizations the business reputation of the reorganized entity is not the object of succession, and the newly created economic organization has a de jure right to its own (new) business reputation, the level of which may depend on the form of reorganization and the level of business reputation of the reorganized entity; the provisions on contractual forms of using the business reputation of business entities have been clarified; the criteria for determining an effective way to protect the right to business reputation of business entities are specified; the grounds for protection of the right to business reputation of the subject in the field of business are generalized; specified ways to protect the right to business reputation in the field of management; the criteria influencing the determination of the amount of non-pecuniary damage to the business reputation of the business entity are specified; the provision on the presumption of causing non-pecuniary damage to an economic entity as a result of violation of the right to business reputation has been finalized; the provisions on the composition of the offense in the form of discrediting the business entity are summarized.