DOI: 10.33917/mic-2.121.2025.24-39

This article examines the methodological aspects of the formation of a system of sources of intellectual property (IP) law as a key tool for protecting intellectual property and stimulating innovation in modern conditions.

It is determined that the practice of the economic judicial Board of the Supreme Court of the Russian Federation in trademark protection cases should be improved, including with regard to formal requirements for the preparation and consideration of court cases. It is shown that in modern legal practice, trademarks are considered only as legal instruments with which copyright holders have the right to prevent the production and sale of identical or confusingly similar products by opponents. The use of existing means to protect the interests of copyright holders within the framework of the “fuzzy” concept of trademarks allows all business entities and authorities to take a fresh look at trademarks: not only as a legal instrument, but also as an organizational and economic instrument. Intellectual property, as an intangible asset with commercial value, like any object of copyright ownership, can be seriously affected by the actions of third parties. Such damage must be compensated by the copyright holder in court. Thus, violators may be held civilly or criminally liable for the illegal use of such trademarks or service marks. The trademark owner has the right to demand compensation for damages and has the right to publish the court’s decision in the mass media. It should also be noted that trademarks and service marks are a means of personalizing goods and their manufacturers. Trademarks and service marks have different concepts, functions, and types. The legislation of the Russian Federation provides for civil or criminal liability for illegal use. It is shown that the system of sources of intellectual property rights is complex and multilevel.

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