Protection of Well-Known Trade Marks (Some Theoretical and Practical Aspects)
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Abstract
The aim of the article is to disclose the main theoretical and practical aspects regarding the protection of the well-known trade marks as the one of the industrial property objects. This topic is new and was not researched in essence in Lithuanian law science. The article deals with the concept of the well-known trade mark and with the development of the legal protection of this kind of trade marks in Lithuania. The concept of the well–known trade mark as well as the legal protection of the well-known trade marks owner’s rights was different according the Lithuanian Law on Trade Marks and Service Marks which was adopted in 1993 and which was in force for a rather long period – until the 1 January, 2001, when the new Lithuanian Law on Trade Marks came into effect. The article deals with the main reasons caused that legal regulation of the questions mentioned before during rather short period of the Lithuanian independence has changed in essence. This analysis is developed by disclosing the content and legal nature of the legal norms prescribed by the European Union and international laws as well as making analysis of the elucidations provided in the statements of a recommendatory nature of international institutions.
The article pays a lot of consideration to the tendencies of the developing Lithuanian court practice in this area. Combining and systematizing theoretical aspects of the protection of the well-known trade marks with the questions which arise dealing with this kind of cases the article presents the conclusions on the most debatable questions, such as procedure of the recognition a trade mark as a well-known trademark; the date on which it’s possible to recognize a trade mark as a well-known trademark an according to this date applicable legal deeds; goods and (or) services for which the trade mark is a well-known and the legal sense of this.
The article pays a lot of consideration to the tendencies of the developing Lithuanian court practice in this area. Combining and systematizing theoretical aspects of the protection of the well-known trade marks with the questions which arise dealing with this kind of cases the article presents the conclusions on the most debatable questions, such as procedure of the recognition a trade mark as a well-known trademark; the date on which it’s possible to recognize a trade mark as a well-known trademark an according to this date applicable legal deeds; goods and (or) services for which the trade mark is a well-known and the legal sense of this.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
