| Abstract [eng] |
This Master's thesis analyses the peculiarities of the legal protection of a reputable and well-known mark in Lithuanian law. The need for the protection of a reputable and well-known mark dates back to antiquity and has been consistently developed in the light of market competition and the need to mark one's goods. It should be noted that reputation is linked not only to a person but also to an object. The Paris Convention was the most important piece of legislation which provided the basis for the rules of the PGI, and the second important piece of legislation which extended legal protection is TRIPS. It is important to mention that the biggest breakthrough in the regulation of these institutes took place after the restoration of independence of the Republic of Lithuania. By examining the prevailing doctrinal positions and practice, it has been established that the legal protection of this institute extends to a registered or well-known mark. Despite the rather extensive regulation, the mark is not fully protected. The features of protection fall into two main groups - the rights conferred on the proprietor of the mark (absolute, exclusive and supplementary groups of rights) and the conditions of legal protection arising under the PPL. The analysis of the problematic aspects of the legal protection of a reputed and well-known mark reveals that the currently prevailing regulation is not consistent, that certain choices made by the legislator are not even understood by legal practitioners, and that they are the result of the fact that the mark is not, in certain cases, fully protected. For example, if a mark is unregistered and not widely recognised, it is not subject to exclusive rights and therefore not protectable. It is clear that the existing legal framework, both at international and national level, needs to be harmonised in order to fully protect the mark and prevent disputes. |
