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Peculiarities of Legal Protection of Well-known Trademarks in Russia and Abroad

Student: Adel Galiullin

Supervisor: Elena Emelyanova

Faculty: School of Law

Educational Programme: Civil Law and Commercial Law (Master)

Year of Graduation: 2024

The worldwide trend towards globalization of markets leads to the rapid development of various brands that are rapidly capturing sales markets and becoming popular among society within a short period of time. This state of affairs, in turn, forces trademark owners to resort to increasingly broader protection of their brand and among them there is a need to protect their trademarks from attacks by offenders, as this can harm their reputation that they have. In such a situation, the use of the institution of well-known trademarks is one of the most effective ways to protect copyright holders. At the same time, existing domestic legislation has a number of shortcomings in this area, due to which the practical ability of brands to protect their rights is somewhat complicated. This paper examines the existing domestic approach to well-known trademarks, its features, criteria for recognizing a trademark as well-known, existing methods of protecting such trademarks. The study also examined the international approach to this institution and examined in detail the approach of foreign legal systems in this matter, both from the point of view of theory and from the point of view of practice. The study also carried out a comparative assessment of domestic and foreign legislation in the field of well-known trademarks in order to analyse possible borrowings in this area and the prospects for changes in Russian legislation in the field of well-known trademarks.

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