CUMULATIVE PROTECTION OF MEANS OF IDENTIFICATION: GIANT BLUNDERBORE, A USEFUL MIX OR ABUSE OF LAW?
Purpose of the work: studying the acceptability and efficiency of protection of trademarks and other means of identification as being at the same time other intellectual property objects, i. e. cumulative protection, identifying its advantages, drawbacks and risks related to it. Method of study. The author puts forward and tests, using the analysis of legal regulations, business and law enforcement practice, a hypothesis that multiple variants of cumulative protection of trademarks and other means of identification are acceptable, as well as its advantages, drawbacks and risks. Results of the study. The benefits of cumulative protection of trademarks and other means of identification in different legal regimes within the framework of intellectual property law are described, as well as the risks of such protection to which right holders, their contractees and other persons are exposed. Cases are shown when cumulative protection is unacceptable, and the conduct of right holders claiming benefits from this protection can and should be considered as an abuse of law.