The functions of means of individualization
Автор: Tjulkin A.A.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 2 (24), 2014 года.
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Introduction: The article describes the functions of means of individualization according to the essence of these objects of intellectual property. Purpose: there is no reasonable approach to the functions of means of individualization in the literature, this causes the relevance of the chosen topic of article. Content of the legal regulation of relations connected with means of individualization depends on proper consideration of this topic. Methods: a methodological basis of this study is method of ascent from the abstract to the concrete, also used analysis, synthesis, deduction and interpretation. In article is criticized the approach of other authors, which is used exclusively induction method in isolation from other methods, this approach cannot give a theoretical knowledge of the subject matter. Results: It is defined that the means of individualization are signs by their nature, sign is material object to which some meaning corresponds under certain conditions. That is implying the substitution function of the real objects and the information function of these objects. In this case the real objects are legal entities, goods, works, services and enterprises. The means of individualization, as they are signs by nature, are to be used in the commercial turnover as a marketing designation. Id est the means of individualization imply identification function, due to which the objects can be identified among the similar ones. The legal regulation of occurrence, usage and protection of the means of individualization characterizes them as a legal instrument, due to which there is an opportunity to protect the rights and interests of different persons; thus it implies the protection function. The existing methods defining the functions of means of individualization are analyzed, and the discrepancy of these methods is stated as they equate the functions of means of individualization to the different methods of their usage. Conclusions: there were defined four function of means of individualization: substitution, information, identification and protection, that determine the purpose of the means of individualization, i.e. identification of legal entities, goods, works, services and enterprises; informing on them by designation, and legal support of the interests emerging during the usage.
Means of individualization, trademark, functions, identification, information, consumers, rightholders
Короткий адрес: https://sciup.org/147202394
IDR: 147202394