Works and trademarks: problems of correlation
Keywords:
trademarks, works, exclusive rights, rights holders, results of intellectual activity, parts of works, titles of works, charactersAbstract
The article analyzes the problems arising in attempts to solve in the legislation and judicial practice the issues of priority protection of copyright and trademark rights in the case of registration as trademarks or their elements of works. Contradictions leading to a departure from the basic principles of copyright protection are noted, when additional requirements related to the fame of the work in the territory of the Russian Federation, when addressing the issues of copyright protection for works, their titles or other parts included in the registered trademark. It is concluded that it is necessary to establish a hierarchy of protection of the considered types of objects of intellectual rights, in the framework of which the exclusive rights to the work, arising at the time of its creation as part of the copyright complex, should be recognized as prevailing over the exclusive rights to trademarks that appear later by virtue of registration.