of February 28, 2017 No. 01-06/521
Economic courts of Ukraine
About some questions of practice of application by economic courts of the legislation on protection of the rights to intellectual property items
According to the procedure of information and for accounting in hearing of cases the overview of the disputes over the cases connected with protection of the rights to intellectual property items on which judgments are reviewed in the cassation procedure by the Supreme Economic Court of Ukraine solved by economic courts of Ukraine goes.
1. For the commercial (corporate) name the principles of the validity, the permanency and exclusiveness are peculiar. That is its use shall not have one-time character and shall take place just for the period of the address of the claimant with the corresponding claim in court.
Subject of action in this case is protection of business reputation and the commercial name.
The question of legitimacy of satisfaction with courts of the previous instances of the claim regarding motivation of the defendant to stop use by any method of the commercial (corporate) name of the claimant which the corresponding combination of words in Ukrainian, in Russian and abbreviations is became the basis for cassation consideration.
In reasons for the declared requirements the claimant referred to the fact that full name of the defendant in the Ukrainian and Russian languages, and also its abbreviated name are similar to commercial (corporate) names of the claimant (on which the claimant has the priority) so that they can be confused, and it misleads consumers of goods.
By results of consideration of the writ of appeal Supreme Economic Court of Ukraine cancelled judgments of the previous instances regarding the dispute resolution on protection of the rights of the claimant to the commercial (corporate) name and submitted the case on new trial to Trial Court, considering such legal basis.
By Article 90 of the Civil code of Ukraine (further - the Civil Code of Ukraine) it is determined that:
- the legal entity shall have the name containing information on its form of business; the legal entity can have the abbreviated name except full name;
- the legal entity who is entrepreneurial society can have the commercial (corporate) name;
- the name of the legal entity is specified in its constituent documents and is entered in the Unified state register.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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