Means of Individualization as Part of an Enterprise as the Property Complex

Abstract

The article examines the features of the legal regime of the means of individualization of an enterprise as a property complex. The civil legislation does not regulate specific types of results of intellectual activity and means of individualization used in the process of functioning of the enterprise. The legislation also lacks detailed regulation of the features, methods of exercising exclusive rights to them, as well as their disposal. To form an integral, consistent concept of the legal regime of means of individualization in the company, the author defines the nature of these objects and the types of means of individualization that are protected as part of an enterprise as a property complex, as well as indicates the specifics of the emergence of their legal protection and the exercise of exclusive rights. The transfer of the exclusive right to a commercial designation to another person is possible only as part of the enterprise for the individualization of which it is used. In this case, the original copyright holder loses the right to use this designation for the individualization of other enterprises belonging to him. Since some means of individualization are not subject to registration with Rospatent, the author suggests including information about them in the constituent documents of the organization – owner of the enterprise, as well as specifying them in the documents submitted for registration of an individual entrepreneur.