Translation from legal to Russian (+ competition inside)
Domestic legislation in the field of Internet technologies began to take shape not so long ago, and it is not easy for managers of Internet projects to find information that allows them to operate within the legal field. The main issues that they face are related to legal regulation in the field of intellectual property, means of individualization and copyright. A course of lectures by the head of the law firm “Seneshal” Pavel Shinkarenko, designed for students of the specialization “Management in the field of Internet technologies” , is devoted to these questions.
Before the start of the first lecture, Pavel Shinkarenko spoke briefly about the course content: “At each lecture we will talk about some kind of intellectual rights. We will begin with the rights to the means of individualization, which allow us to distinguish a company, its enterprise or product from another product. ”
A company name is a symbolic identification belonging to a legal person, defined in the constituent documents of such a person under which it acquires and exercises its rights and obligations, conducts activities based on law, acts as a plaintiff and a defendant in court.
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A company name is used to individualize a legal entity that is a party to civilian traffic among other legal entities engaged in entrepreneurial activity. In essence, a company name consists of two parts: an indication of the legal form (LLC, CJSC, JSC) and a unique part, which is the name.
Now it is possible to prohibit the registration of other legal entities with the same company name. To do this, you must file a lawsuit to prohibit the use of the brand name, and the court will decide on the ban. It should be noted that the coincidence of the brand name implies the coincidence of the two parts of which it is composed. So, RazDvaTri LLC and RazDvaTri CJSC formally have different brand names.
“The right to prohibit the use of a company name also depends on the type and type of activity. You have the right to file a lawsuit to ban only if another legal entity with the same company name acts in the same form or kind of activity as yours. One legal entity may have three company names: full, abbreviated and in a foreign language. If the charter does not specify a company name in a foreign language, the name obtained by transliterating the name will be protected, ”says Pavel Shinkarenko. “Therefore, I recommend that you specify the name option in a foreign language, especially if you can make a semantic translation of the name. The right to a company name arises at the time the record about the registration of the company is made in the Unified State Register.
A commercial designation is a means of individualization of one or several enterprises (an integral property complex) belonging to a legal entity or an individual entrepreneur, and intended for the individualization of such enterprises. At the same time, two or more commercial designations cannot be used to individualize one enterprise. “Here it is important to correctly understand what an enterprise is,” notes Pavel Shinkarenko. “For example, a separate legal entity, owner of a company name, may own several online stores, each of which is part of the legal entity’s structure and is a separate enterprise. Enterprises are defined, in particular, in the documentation of a legal entity when describing a structure. Exclusive rights to a commercial designation arise from the moment of the start of use of such designation and do not require additional state registration. ”
A trademark is a symbol (verbal, graphic, combined, or other) that serves to individualize goods, works, services of legal entities or individual entrepreneurs. A trademark personalizes the product or service you produce. Its appearance can be very different - even sounds or smells. For example, Chanel No. 5 is a trademark of the house Chanel. Anything that can identify a product or service may be a trademark, subject to compliance with legal requirements. A trademark exists for a certain time, after which it can be renewed once. At the same time, a trademark may become well known. For example, the Coca-Cola trademark was registered over 20 years ago and became well known. Now no company can produce drinks under that name. Coca-Cola has the right to a well-known trademark. Publicity is verified by examination.
“It should be noted that the legislation does not give a precise definition of the term“ domain name ”, therefore I designated it as“ a symbol to identify information resources and simplify the addressing of requests on the Internet, which is registered in the domain name registry in accordance with the generally accepted procedure and business practices, ”says Pavel Shinkarenko.
ICANN has entered the letter designation of numeric IP addresses. Thus, it owns all domain names, and registrars acting on the basis of agreements with ICANN, in fact, are agents of this corporation and have the right to provide administrators with domain names only for "rent" and not for ownership. Theoretically, all rights in this business turnover belong to one corporation. The appeal rules are given in the regulations, which state, in particular, that all responsibility for the use of a domain name lies with its administrator. According to Russian law, a domain name is not an intangible asset, such as a trademark, commercial designation or company name. The government decided not to consider the domain name a means of individualization. A systematic analysis of legislation allows us to conclude that the right to administer a domain name is a property right, and such right should be recorded in the accounting records as leased property. Administrator rights to a domain name are the rights of a tenant of a tangible asset, and payment for a domain name is rent.
During the lecture, the head of the Seneschal company also answered a number of questions from the audience.
- Has anyone already sued for commercial names?
- No, there are no completed processes yet.
- Is it possible to register vodka under the trademark "State Duma"?
- No, this is the name of the state authority. But you can call it the “Central State Duma”, dividing the name into two parts: the “Central” trademark and the unprotected part - the “State Duma”. Of course, this can be done only with the permission of the government.
- Can a single legal entity have several enterprises at once?
- Yes, and each of them may have its own commercial designation. But each one has only one. Commercial designation may coincide with the brand name or trademark.
- Is a trademark and a trademark the same?
- There are two abbreviations. TM - application for registration of a trademark filed, but the certificate has not yet been issued. Symbol - the trademark is already registered. This is the difference between these two concepts.
- Is the registration of a site as a mass media not an additional way to protect a domain name?
- You only get the opportunity to take your employees to the press. Protective functions such a decision will not have. In addition, registration as a media imposes certain restrictions on your site.
Do you have any questions? Please ask in the comments. The author of the most interesting question will be invited to a practical lesson on copyright and contract law, which will be held on March 4 at the faculty of “Management in the field of Internet technologies”.
Before the start of the first lecture, Pavel Shinkarenko spoke briefly about the course content: “At each lecture we will talk about some kind of intellectual rights. We will begin with the rights to the means of individualization, which allow us to distinguish a company, its enterprise or product from another product. ”
A company name is a symbolic identification belonging to a legal person, defined in the constituent documents of such a person under which it acquires and exercises its rights and obligations, conducts activities based on law, acts as a plaintiff and a defendant in court.
')
A company name is used to individualize a legal entity that is a party to civilian traffic among other legal entities engaged in entrepreneurial activity. In essence, a company name consists of two parts: an indication of the legal form (LLC, CJSC, JSC) and a unique part, which is the name.
Now it is possible to prohibit the registration of other legal entities with the same company name. To do this, you must file a lawsuit to prohibit the use of the brand name, and the court will decide on the ban. It should be noted that the coincidence of the brand name implies the coincidence of the two parts of which it is composed. So, RazDvaTri LLC and RazDvaTri CJSC formally have different brand names.
“The right to prohibit the use of a company name also depends on the type and type of activity. You have the right to file a lawsuit to ban only if another legal entity with the same company name acts in the same form or kind of activity as yours. One legal entity may have three company names: full, abbreviated and in a foreign language. If the charter does not specify a company name in a foreign language, the name obtained by transliterating the name will be protected, ”says Pavel Shinkarenko. “Therefore, I recommend that you specify the name option in a foreign language, especially if you can make a semantic translation of the name. The right to a company name arises at the time the record about the registration of the company is made in the Unified State Register.
A commercial designation is a means of individualization of one or several enterprises (an integral property complex) belonging to a legal entity or an individual entrepreneur, and intended for the individualization of such enterprises. At the same time, two or more commercial designations cannot be used to individualize one enterprise. “Here it is important to correctly understand what an enterprise is,” notes Pavel Shinkarenko. “For example, a separate legal entity, owner of a company name, may own several online stores, each of which is part of the legal entity’s structure and is a separate enterprise. Enterprises are defined, in particular, in the documentation of a legal entity when describing a structure. Exclusive rights to a commercial designation arise from the moment of the start of use of such designation and do not require additional state registration. ”
A trademark is a symbol (verbal, graphic, combined, or other) that serves to individualize goods, works, services of legal entities or individual entrepreneurs. A trademark personalizes the product or service you produce. Its appearance can be very different - even sounds or smells. For example, Chanel No. 5 is a trademark of the house Chanel. Anything that can identify a product or service may be a trademark, subject to compliance with legal requirements. A trademark exists for a certain time, after which it can be renewed once. At the same time, a trademark may become well known. For example, the Coca-Cola trademark was registered over 20 years ago and became well known. Now no company can produce drinks under that name. Coca-Cola has the right to a well-known trademark. Publicity is verified by examination.
“It should be noted that the legislation does not give a precise definition of the term“ domain name ”, therefore I designated it as“ a symbol to identify information resources and simplify the addressing of requests on the Internet, which is registered in the domain name registry in accordance with the generally accepted procedure and business practices, ”says Pavel Shinkarenko.
ICANN has entered the letter designation of numeric IP addresses. Thus, it owns all domain names, and registrars acting on the basis of agreements with ICANN, in fact, are agents of this corporation and have the right to provide administrators with domain names only for "rent" and not for ownership. Theoretically, all rights in this business turnover belong to one corporation. The appeal rules are given in the regulations, which state, in particular, that all responsibility for the use of a domain name lies with its administrator. According to Russian law, a domain name is not an intangible asset, such as a trademark, commercial designation or company name. The government decided not to consider the domain name a means of individualization. A systematic analysis of legislation allows us to conclude that the right to administer a domain name is a property right, and such right should be recorded in the accounting records as leased property. Administrator rights to a domain name are the rights of a tenant of a tangible asset, and payment for a domain name is rent.
During the lecture, the head of the Seneschal company also answered a number of questions from the audience.
- Has anyone already sued for commercial names?
- No, there are no completed processes yet.
- Is it possible to register vodka under the trademark "State Duma"?
- No, this is the name of the state authority. But you can call it the “Central State Duma”, dividing the name into two parts: the “Central” trademark and the unprotected part - the “State Duma”. Of course, this can be done only with the permission of the government.
- Can a single legal entity have several enterprises at once?
- Yes, and each of them may have its own commercial designation. But each one has only one. Commercial designation may coincide with the brand name or trademark.
- Is a trademark and a trademark the same?
- There are two abbreviations. TM - application for registration of a trademark filed, but the certificate has not yet been issued. Symbol - the trademark is already registered. This is the difference between these two concepts.
- Is the registration of a site as a mass media not an additional way to protect a domain name?
- You only get the opportunity to take your employees to the press. Protective functions such a decision will not have. In addition, registration as a media imposes certain restrictions on your site.
Do you have any questions? Please ask in the comments. The author of the most interesting question will be invited to a practical lesson on copyright and contract law, which will be held on March 4 at the faculty of “Management in the field of Internet technologies”.
Source: https://habr.com/ru/post/53083/
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