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Working paper

CHANGING TRADITIONAL MECHANISMS OF RUSSIAN LAW: PROTECTION OF MEANS OF INDIVIDUALIZATION ON THE INTERNET

The present article is motivated by the growing interest in the problem of trademark usage on the Internet and comparatively low interest in the problem of legal protection of other objects having factual distinctiveness. Despite the fact that differences in regulation of on-line and off-line trademark utilization have been recognized for a long period of time, there is still no harmonization in the field of other means of individualization among numerous Russian laws. Although recent research works are numerous, lawmakers haven’t still decided on how Internet has influenced on exclusive rights granted with the Chapter 76 of the Civil Code of Russian Federation. The issue at hand is affected by the significant growth of the Internet and electronic commerce. Moreover, problem discussed in present paper comes from the fundamental question of limits on the exercise of subjective civil rights. The aim of this paper is to analyze different types of means of individualization under Russian legislation; to show key aspects of usage and protection of the means of individualization on-line; to reveal the doctrinal theories stipulating emergence of new distinctive objects; to describe the current and potential pitfalls of legislative framework; and to demonstrate modern legal trends in the field. In addition, the paper suggests different steps and models of further regulatory development.