THE IMPORTANCE OF TRADEMARK LAW FOR THE DEVELOPMENT OF INTERNATIONAL BUSINESS LAW

Abstract

Trademark law is one of the rights that make up the corpus of industrial property rights. The reason for its distinction in relation to other industrial property rights and special importance is due to the ability of the trademark right to, due to its basic function, which is distinctiveness, actually provide a unique economic profit for the holder of the trademark right. In the modern economy, having a recognizable mark makes the assumption of pre-secured sales of goods both domestically and internationally. The proof of this is the increase in the conclusion of license agreements; and an increase in the number of court cases involving trademark infringement. Due to the economic profit it provides to the holder of the trademark right, it is often the subject of "imitation of the trademark", unauthorized use of the trademark to designate goods of the same or similar type; labeling counterfeit goods with a protected trademark... In other words, legal practice proves that the active use and protection of trademark rights proportionally affects the development of the legal theory of international business law.