Juridinio asmens pavadinimo, kaip pramoninės nuosavybės objekto, apsaugos bei teisių gynimo ypatumai

Abstract

The final work of master‘s degree „The peculiarities of the name of juridical person as the object of the industrial property, protection and defence of rights“ is devoted to analyze of peculiarities of the protection and defence of rights of the name of the juridical person. To achieve the aim the author raises problems, which are solved in four parts of this work. In the first part the author analyses the law sources of the protection of the name of juridical person, terms and functions of „trade name“ and „the name of juridical person“, and the place of the name of the juridical person in the context of the law of the industrial property. In the second part the gaining of rights to the name of the juridical person and the requirements to registered name of the juridical person are examined, which are expanded into three stages. From 1991 to 2004 the order of registration of trade name‘s has not changed as a matter of fact. Only laws have changed, which regulate this order. It was needed to register individually the trade name before registering the firm. Meanwhile coming into force of laws, the order of the registration has changed and the name of the juridical person is not registered separately. In the third part the author analyses the exceptional rights to registered name of juridical person and the order of defence of these laws. Exceptional means that certain rights set by law are given to the owner who has registered the juridical person and the name of juridical person. In the fourth part the relationship between the name of the juridical person and the trademark and the dishonest competition are discussed. Although the name of the juridical person and the trademark are the objects of industrial property which are often mixed up, the functions they carry out, the order of registration, the terms of protection, the volume of exceptional rights or compensation of damage are different. The author, have been looking into the peculiarities of the protection of the name of the juridical person and defence of rights, ends his work with conclusions, recommendations and suggestions. Analyzing the rights of juridical person and the volume of these rights, we can assert that the hypothesis which was raised in the introduction, has confirmed and the juridical person has given the right to have not only the one, exceptional name of the juridical person, but to defend it according to the national laws.