Legal aspects of the brand protection.

Abstract

The paper is devoted to the analysis of modern regulatory base in the sphere of intellectual property including defining legal aspects of brand protection. It was defined that intellectual property is a product as well as on the national and international markets and the demand on this product is growing what means abidance of appropriate legal procedures. It was proved that in spite of very wise specter of international regulatory acts there are some drawbacks in intellectual property legislation: the absence of common conditions-criteria of using brand with the aim of saving rights on it; the absence of unified methods of brands similarity. It was proved that system of intellectual property protection in Ukraine has three levels: 1. Ministry of economic and development and trade of Ukraine; 2. State department of intellectual property; 3. State enterprises “Ukrainian institute of intellectual property”, “Intellprotection”, state organization “Ukrainian agency on author’s and adjacent rights”.It was defined that in national laws there is no such definition as the brand. It was studied conceptual base of this definition and defined that on practice under brand is understood “trademark” and “sign for goods and services”.