| Abstract [eng] |
The object of this Master’s thesis “Intellectual property rights protection and advertisement” is to analyze the most relevant aspects of the intellectual property rights protection in the advertising industry, by providing an examination of the legislating acts, European and Lithuanian courts case law and also taking into account opinions of various known authors. This work consists of four sections. The first section analyzes the protection of the advertising slogans. The analysis consists of legal requirements to grant protection and the scope of protection granted by the Law on Trademarks, Copyright and related aspects as well as Law on Competition. Also in this section are provided various opinions and whether the advertising slogans should be protected in relation to Trademarks and Copyright Law. The second section analyzes the intellectual property rights in comparative advertising, presenting an existing restrictions of the rights conferred by the intellectual property and considering whether such restrictions should be applied not only to the trademarks but also to other intellectual property such as copyright. The third section of this Master’s thesis analyzes the legitimate use of intellectual property object in advertising. Namely, the use of the copyright material for parody without the consent of the author and expressing the need for the former legislation. This section also analyzes the third party’s trademark use as a keyword in online search engines, expressing opinion that such use might be considered as illegal comparative advertising. The fourth section analyzes the key differences between the copyright and license agreements distinguishing the need for change of the legal framework for copyright agreements. |
