TY - JOUR TI - Legal Protection of Trademarks and Copyright: Problems of Delimitation T2 - IS - KW - trademarks KW - originality of the object KW - consent of the author KW - written agreement KW - prohibition to use copyrighted works as trade marks without the author’s consent KW - copyright AB - As a rule registered trademarks are not copyright. But in some cases they are —if trademarks are original. In these cases the problem of delimitation arises. To avoid the troubles, the 140Правовая мысль:история и современность trademark applicants, as recommended, obtain a written consent from copyright owner concerning the use of his or her copyrighted work as a trade mark. This document must also provide waving moral rights concerning copyrighted work. Article 1483 (point 9) of the Civil Code of the Russian Federation provides that the trade mark, which includes copyrighted works, widely known in the Russian Federation, can be used with the consent of copyright owner only. AU - Edward Gavrilov UR - https://law-journal.hse.ru/en/2010--2/27304859.html PY - 2010 SP - 36-46 VL -