| Abstract [eng] |
the work is focused on the analysis of the trademark as an intangible asset. The first part deals with the objects of civil rights and trademarks among them. With reference to the Civil Code of the Republic of Lithuania (thereinafter referred to as “Civil Code”) rights of the proprietor of the trademark are deemed as personal non property rights and are an object of the turnover. However such determination is not right. Firstly, personal non property rights according to the Civil Code are inseparably related with their holder. Moreover, they do not have any economic value. However, by virtue of the respective code the personal non property rights may be related with property rights, or they may not be related with the aforesaid rights. Thus the firs element of the non property rights is absolute. According to the determination of a trademark provided in the Trademark Law of the Republic of Lithuania (thereinafter referred to as “Trademark Law”), a trademark is related to the goods but not to the personality of the owner. Moreover, a trademark is purely of economic value. Secondly, due to the amendments of The Trademark Law, the proprietor is not longer entitled to require remuneration of the non property damage. The aforementioned legal amendment strengthens the statement that a trademark can not be deemed as a non property asset. Thus drawing the conclusion the rights of the owner of a trademark must be deemed as purely property rights. |
