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Author: Aliona Ciocîrlan Degree: doctor of law Speciality:  12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law) Year: 2005 Scientific adviser: Victor (decedat) Volcinschi doctor, professor, Moldova State University Institution: Scientific council:

Status The thesis was presented on the 4 March, 2005 Approved by NCAA on the 23 June, 2005 Abstract – 0.14 Mb / in romanian

Keywords

brand names of goods or services, brand availability, distinctive character, brand morality, notorious brand, the state ownership over brand, economic value of the brand, brand functions, contents of the right to brand, juridical nature of the brand, jurisdictional form of protection, fraudulent imitation of the brand, unloyal competition, the payment of the caused damage, termination of the right to brand

Summary

This doctoral dissertation presents the research of the most important theoretical aspects of the juridical regulations regarding the brand names of products and services and their commercial use in the Republic of Moldova.

A very important role in the research is paid to theoretical and methodological principles that the legal doctrine holds. Several methods such as analytical, historical-juridical, logical-juridical, systematic and comparative ones have been largely used in the thesis.

The dissertation presents a detailed analysis of the brand concept, historical evolution of brand’s juridical protection, brand’s role and value at the present moment, terms and procedures of brand registration aiming at gaining an exclusive right to brand. It also makes an analysis of the subjective right to brand, including the right to priority and that of using and declining a tertiary person to use the brand, transfer the holder’s ownership title of the right to brand. What is also examined is the judicial nature of the right to brand, issues of exercising and protecting that right as well as the reasons for the right to brand extinction.

The scientific novelty of the investigation consists inter alia in:

• first-time conducting a thorough and complex research on the given topic in the juridical doctrine in the Republic of Moldova;
• defining the brand and illustrating those distinctive signs that may be registered as brands;
• denoting juridical regulations regarding the brands classification;
• elucidating the procedure of brand registration and the protection of brand holder against illicit acts.

A series of conclusions and proposals of “law ferenda” are put forward in the dissertation in order to improve the legislation within the field, which will regulate qualitatively the relations among producers, service providers and consumers.

The results of the research and recommendations proposed in the dissertation may be used:

• in the process of instruction within the Departments of Economy and Law;
• in professional development of judges, lawyers and legal advisors within the national economy;
• by professionals in the field of intellectual property protection and entrepreneurs in their trade.

Oficial Reviewers

• Lilia Gribincea
  doctor, associate professor (docent), Moldova State University
• Calmuschi Otilia
  doctor în drept, profesor universitar, România (Bucureşti)

 Theses

Under consideration [2] :

• Abusive clauses in bank credit agreements
  24 March, 2023
• The civil-procedure guarantees of the parties when examining the case in the absence of the defendant
  22 December, 2022

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