Application Of Rules On Distinctiveness Of Trademark To Works Of Science
Dmitrii Murzin · The European Proceedings of Social & Behavioural Sciences · 2020
Many scientific works (especially in the field of humanities and social sciences) are not distinguished by the uniqueness of form. This means their lack of originality (as uniqueness), which may cast doubt on the protection of such works by copyright. At the same time, in practice, works of science often have a distinctive ability in the eyes of researchers. The sign of “fame” of the elements of a work is used by the law on trademarks to endow non-original elements with the properties of a protected copyright object. Thus, a work with a low level of originality can acquire distinctive ability and as a result receive protection as a full-fledged object of copyright. There is a need to take into account, when determining the protectability of a copyright object, its distinguishing ability. The analogy of the rules on trademarks as applied to works of science (analogy of law) in this case is appropriate and necessary.