Generate QR code
Open Access
Subscription Access
Limits of Exhaustion of the Exclusive Right to a Trademark
EDN: SHONCC
Abstract
he purpose of the study is to clarify the content of the concept of exhaustion of exclusive rights. The article, taking into account doctrinal views on the content of the civil law principle of good faith and legal institutions of exclusive rights and property rights, examines the necessity and possibility of establishing the boundaries of exhaustion of the exclusive right to a trademark. During the study, a formal logical method was used, and based on the results of the research, a conclusion was made about the advantages of the international regime of exhaustion of exclusive rights.
About the Author
Pavel V. Martynov
Russian State Academy of Intellectual Property
Russian Federation
Russian Federation
Miklukho-Maklaya str., 55A, Moscow, 117279
References
1. Pokrovsky I.А. The main problems of civil law. M.: Exmo, 2023. 382 p. ISBN 978-5-04-173704-7 (In Russ.)]
2. Mozolin V.P. About the concept of intellectual rights // Journal of Russian Law. 2007;(12):100-109 (In Russ.)]
3. Vorozhevich А.S. The boundaries of exclusive rights, the limits of their exercise and protection. Dokt. Diss. M.: MSU. 2021. 546 p. (In Russ.)]
4. Gavrilov E.P. The principle of exhaustion of exclusive rights and its interpretation in the ruling of the Constitutional Court of the Russian Federation // Economy and Law. 2018;(5):36-46. (In Russ.)]
5. Andreeva G.N. Property in the constitutions of foreign countries of the 18th-20th centuries. М.: INION RAS, 2003. 288 p. ISBN 978-5-248-00474-4 (In Russ.)]
6. Sukhanov E.A. On the outcome of reforming the civil code of the Russian Federation // Pravovedenie. 2016;(1):90-100 (In Russ.)]
Review
For citations:
Martynov P.V. Limits of Exhaustion of the Exclusive Right to a Trademark. Russian competition law and economy. 2025;(3):48-55. (In Russ.) EDN: SHONCC
Views:
10
Email this article 