Disputable issues protecting the intellectual property rights on means of individualization

Ambiguous judicial practice lack of evidential standards cause essential problems protecting intellectual property rights on mean of individualization.It is known that violation of the rights is not enough for judicial remedy. National legislation gives priority to the earlier registration of the business name in the Single State Register of Legal Persons without linking it with the type of activity. Some amendments to the Civil Code of Russian Federation due to restrain unfair business practices are suggested. This paper presents some aspects of evidencing the violation of the intellectual property rights.