HISTORY OF THE DEVELOPMENT OF LEGISLATION ON TRADEMARKS

Authors

  • Aliya Nurzhanovna Seitova

Keywords:

trademarks, protection and defense of a trademark, history of legislation, codes of laws, customers, distinctiveness, exclusive right

Abstract

The article is devoted to the study of the history of the development of legislation on trademarks in Kazakhstan and other countries. Today it is worth paying special attention to the issues of legal protection of trademarks in Kazakhstan not only on the basis of the shearing practice of applying the norms of current legislation, but also taking into account scientific interpretation and comparative jurisprudence. Moreover, national legislation cannot but take into account the global practice of legal regulation of the protection of trademarks. Therefore, the study examined and analyzed examples of the origin of trademark law in different countries such as the Republic of Kazakhstan, the Russian Federation, France, the United Kingdom, the United States of America and Germany. It is established that the use of marks began in ancient times in different parts of the world, depending on the development of farming, cattle breeding and manual production in a particular country. The presence of trademarks, relations on the use of such marks, as well as violations of the rights of those who started using earlier, or copying of trademarks, required legal regulation. The author, analyzing the legislation of different countries, compares the system of protection and defense of trademarks in different countries with the current legislation on trademarks of the Republic of Kazakhstan. As a result of the analysis, the author comes to the conclusion that the experience of each of the described countries had an impact on the formation of legislation on trademarks of modern Kazakhstan. The present system of protection and defense of exclusive rights to trademarks in Kazakhstan fully corresponds to the experience of developed countries.

Published

30.03.2019

How to Cite

Seitova . А. Н. (2019). HISTORY OF THE DEVELOPMENT OF LEGISLATION ON TRADEMARKS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(55). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/296