Any manufacturer wants its products and services to be a success and that their advertising has the greatest impact on the consumer. For the production, of such advertising is necessary to make some creative efforts. In many cases, the results of creativity and other intellectual property rights of third parties. We must not forget that their use must comply with certain legally established rules. In accordance with the Law "On Advertisement" in advertising the use of objects of exclusive rights (intellectual property) is permitted (Helprin, 2007, p. 5).
Discussion
What is the procedure and through what laws it is regulated?
Of all the intellectual property, the objects identified that are more likely to appear in any advertising (trademarks, trade names, subject of patent rights), or used in its manufacture (scientific, literary and artistic works). The order of use of trademarks governed by the Law "On Trademarks, Service Marks and Appellations of Origin" (Helprin, 2007, p. 5). Trademark - a designation that can distinguish between similar goods from different manufacturers. In fact, that the trademark is the main subject of the advertisement and the result remains in memory of consumers (Schechter, Roger, et al, 2003, p. 93). A trademark owner has the exclusive right to use and dispose of it, as well as to prohibit its use to third parties. No one can use the registered trademark without permission from the owner (Helprin, 2007, p. 5).
It is usually the advertiser is the owner in respect of a trademark registered in the prescribed manner (Levine, David, et al, 2008, p. 151-152). However, sometimes illegally used in advertising a trademark belonging to another person. Most often this occurs when an advertiser does not know about the presence of a third person entitled to representation in the advertising symbol, or he deliberately seeks to take advantage of fame and popularity of a trademark, advertising goods with a similar name (Levine, David, et al, 2008, p. 151-152). Violation of the rights of the trademark owner recognized them any unauthorized commercial introduction of the goods designated by exactly the same as or similar to it to the point of confusion, or of the designation in respect of similar to the goods specified in the certificate. For example, such actions can include offering for sale of goods, illegally designated foreign trademark. Thus, if the trademark or designation similar to it used by someone in an advertisement without permission, the advertising itself will be an independent violation of the exclusive rights (Levine, David, et al, 2008, p. 151-152). For such actions may occur civil law, and in some cases, administrative and criminal liability (Levine, David, et al, 2008, p. 151-152). In this case, the offender will be an advertiser, since it was he who introduced the trademark and goods into the economy and is responsible for the content of information provided for the creation of advertising (Schechter, Roger, et al, 2003, p. 93). If a symbol introduced illegally and have already appeared in the preparation and execution of advertising, ...