Problems of trade mark and consumer protection regulation

Dita Mežavilka, Jolanta Dinsberga

Research output: Contribution to conferenceAbstractpeer-review

Abstract

Trade marks are markings used for recognition purposes which can ensure the public recognition of a company. The company's profits depend on the brand's recognition and popularity. These days, especially when the world is struggling with the pandemic, it has become more popular to buy goods through electronic resources. Consequently, the number of traders has also increased. Among them are those who sell counterfeit goods. Sometimes these offers include discounts and consumers are attracted to the idea of buying a good at a convenient price without thinking about the possibility that the trademark is counterfeit. Such infringements not only contribute to unfair competition, violate the rights of the trade mark owner, but may also violate the rights of the consumer, since the Customs Service needs to take all necessary measures, including confiscation, if the goods are subject to restrictions or prohibitions.The aim of the study is to draw conclusions and make proposals to ensure the protection of trade marks and consumer rights within the legal framework. The study uses the methods of general science - descriptive, analytical, induction and decomposition - and the methods for interpreting legal norms - grammatical, systemic and teleological. There is no legal framework in Latvia to protect good- faith consumers in situations where a counterfeit product is seized. The current solution proposed by the Consumer Rights Protection Centre (PTAC) is to initially address the dispute with the trader itself and then refer to the PTAC, where the dispute can be dealt with by the Consumer Dispute Commission. However, the problem is that detention of goods is only reported to the seller and not to the consumer. The legal framework for protecting trademarks and good faith consumers interests needs improvement by providing a mechanism for recovering invested funds in the event of seizure of goods.
Original languageEnglish
Pages29
Publication statusPublished - 24 Mar 2021
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
CountryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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