FEATURES OF ADMINISTRATIVE AND LEGAL PROTECTION OF TRADEMARK AND DOMAIN NAME RIGHTS

Abstract

The purpose of this article is to analyze the current administrative and legal mechanism for the protection of intellectual property rights concerning trademarks and domain names, identify its most important features when addressing the Antimonopoly Committee of Ukraine, and detect its future development trends. The meth- odological basis of the study is a systemic-structural research method that allowed establishing interrelations between the protection of trademarks and domain names. The formal-legal method enabled the analysis of legal norms that defi ne the order and forms of administrative and legal protection. The direct modeling method allowed the authors to predict the development trends of legislation on the protection of trademarks and domain names. Results. After analyzing scientifi c literature and legislation, the authors highlight the following features of administrative and legal protection of trademark rights: 1) The primary condition for proper legal protection is the presence of legal norms that establish rights protection. 2) The mechanism of administrative and legal protection includes the following elements: a) the presence of administrative procedures; b) state control; c) measures of administrative coercion. 3) Administrative procedures entail the submission of complaints, claims about the infringement of rights on specifi ed objects. 4) The body controlling the protection of intellectual prop- erty rights is the State Customs Service of Ukraine, which ensures the inspection of goods at the customs border and maintains a customs registry of intellectual property objects. 5) Regarding administrative responsibility, it is seen as necessary to introduce liability for actions related to registering a domain name with a dishonest intention. Conclusions. In conclusion, it is noted that the legal regime of trademarks and domain names signifi cantly diff ers. In resolving problematic issues between a trademark and domain names, the fact of a registered trade- mark plays a crucial role. Future legislative development trends may include 1) the introduction of an electronic system for trademark and domain name disputes; 2) providing comprehensive and accurate information about the domain name registrant.