Harmonisation of trademark terminological definitions in Ukraine and the European Union as a condition of intellectual property rights protection efficacy: A comparative legal analysis

Mykola Kotenko, Olena Makarova, Valentyna Konchakovska, Volodymyr Dryshliuk and Tetiana Havronska

RIVISTA DI STUDI SULLA SOSTENIBILITA', 2025, vol. 10, issue 2, 39-63

Abstract: The 21st century has witnessed remarkable economic growth and the establishment of an information-driven society, which resulted in the widespread usage of intellectual property in economic activities. Since consumer preferences are not influenced solely by product quality itself and the reputation of the entities also has an impact, the development of a distinctive trademark has become an essential element of the foundation and sustenance of a business. As Ukraine is trying to strengthen ties with the European Union, a thorough analysis of its trademark protection laws in comparison with the European Union is reasonable. Hence, the research objectives include an in-depth examination of Ukraine's trademark protection laws, identification of deficiencies in national regulations, and the recommendation of legislative enhancements to harmonize it with EU legal standards. To achieve the specified objectives, the study employs a range of methodologies, including dialectical, analytical, formal-dogmatic, comparative, and prognostic approaches. As a result of the investigation, several flaws in Ukraine's trademark protection laws were revealed. The flaws include imprecise terminology, ambiguity regarding the functional purposes of trademarks, insufficient safeguarding of non-traditional trademarks, limitations on trademark rights, and an outdated proprietary concept. Furthermore, there are no provisions for collective trademark rights or criterion-based trademark definitions that violate public order or universally accepted moral principles. The identified flaws underscore the urgent necessity for a comprehensive reform of Ukraine's trademark protection legislation.

Date: 2025
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