Р.Ф. Гафуров

ISSUES OF ABUSE OF TRADEMARK RIGHTS IN THE CONTEXT OF PARAGRAPH 154 OF THE RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION N 10 OF APRIL 23, 2019

Authors

Р.Ф. Гафуров

Keywords:

abuse of right, trademarks, Supreme Court, Resolution of the Plenum, Intellectual Rights, challenging of legal protection

Abstract

The object of the study is the dynamics of social relations in the field of abuse of the right to trademarks, arising in connection with the release of the Resolution of the Plenum of the Supreme Court of the Russian Federation № 10 of April 23, 2019. The purpose of the study is to compare the types of abuse of the right to trademarks highlighted by the Supreme Court. In the framework of the study the general logical methods of analysis and synthesis, as well as the formal-logical method were used. In the course of the study it is concluded that all three types of abuse of right, highlighted by the Supreme Court, entail different legal consequences, so the algorithm of judicial evaluation of the arguments of abuse of right is proposed based on the check from the most severe type of abuse of right to the least severe in terms of consequences

ISSUES OF ABUSE OF TRADEMARK RIGHTS IN THE CONTEXT OF PARAGRAPH 154 OF THE RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION N 10 OF APRIL 23, 2019