With the development of developing economies market economy dictates its rules and brings increasing importance to such elements of the market economy as industrial property, trade names, trademarks, service marks and appellations of origin. Creating a level playing field for different types of producers, the introduction of competition rules and increasing the responsibility for its results, the need to saturate the market with goods and services to meet the needs of the population give birth to the need for legal mechanisms to ensure proper individualisation of enterprises and organisations, as well as the products they goods and services. This role is designed to be delegated to trademarks and trade names.
It should be noted that until recently, these problems received very little attention in the legislation of developing economies. The individualisation framework had no legislative regulation or regulated by hardly accessible and often obsolete regulations. In the context of the giant monopoly and domination of state ownership, on the one hand, and the lack of competition and scarcity of the commodity market, on the other hand, there was almost no need for the individualisation of manufacturers and their products. The result of such state of affairs was very limited compared to the scale of the country the number of registered individual marks protection, absence of debate about human rights on them in judicial practice, weak theoretical development of the problems associated with trade names and trademarks.
The preconditions for changes
With the transition to a market economy related to specified objects was radically changed. As you know, the market mechanism is very sensitive to the reaction of consumers to manufactured goods. Identifying unmet consumer demand for a particular product serves as a stimulus for the development of production. Available vacuum is quickly filled with goods the customers need. In these circumstances, it is important to enable the individualisation of products and services, what is equally interested in both producers and consumers. Guaranteeing the right to representation on the market under its own individual name on the designation of the goods and services provided by certain characters or names ensuring their protection in case of violations of laws creates the necessary preconditions for the implementation of this possibility.
This is where the situation gives birth to entities that serve the industry with consulting and legal implementation services. In the highly developed economies, these enterprises may be represented by privately held and governmental organisations. Even the educational institutions are interested in developing the direction – thus, e.g. the University of Manchester has launched its UMIP branch, dealing exclusively with intellectual property.
Brand name is a commercial name of the entrepreneur, is inextricably linked to her business reputation. Under this name, the entrepreneur makes transactions and other legal actions, legal responsibility and exercise their rights and duties, promotes and implements produced products, etc. Brand Name that has become popular with consumers and credibility with business partners, the entrepreneur brings not only a lot of dividends, but also earns respect in society and recognition of services. Therefore, the right of a company should be considered as an important and private non-property benefits. Using the brand name also serves as an important information function, as informs the third party data toiletries, type and organisational form of the enterprise.