Spaudos identiteto problemos Prekių ženklų registre
LTStraipsnio tikslas - apžvelgti periodinių leidinių pavadinimų registravimo prekės ženklų registre situaciją, nustatyti kokios problemos iškyla šioje srityje, pateikti pasiūlymus dėl periodinių leidinių pavadinimų registravimo.
ENThe article shall examine the situation concerning the trademark registration of periodical publications while at the same time providing suggestions. The author of the text evaluates the problem within the context of corresponding Lithuanian acts of law, giving particular attention to the fact that on September 1, 2006, the newly instated Public Information Law states: the means of collection, arrangement, publication, and distribution of information as well as the activities of those that organize, publicize, or any that participate in such activities as well as journalists and their activities are regulated by institutional laws, duties, and responsibilities. Article 36 of the Public Information Law lays the requirements for publications and the distribution of publications. Thus, the circulation of each publication should be presented within that same publication, other information concerning its publication should meet with the Lithuanian standards, and issues should correspond to international standards. The author brings the reader’s attention to contradictory cases. For instance, two papers that were published and distributed in Lithuania shared the same name, "Lietuvos aidas" ["Lithuania's Echo"]. Regardless of the fact that the Public Information Law regulates all duties and obligations of all public information participants as well as personal and institutional rights, not a single institution that organizes or publicizes public information - neither the Ministry of Culture commissioned by the Government (Public Information Law, Article 45) nor the Ethics Commission of Journalists and Publishers (Article 46) were capable of declaring their positions clearly. Such a situation where no assessment has been made publicly by its very nature contradicts the basic principles established by law - those of of justice, rationality, and honesty, which are embedded in the Civil Code (Article 1.5).As one objectively examines this case, it should be noted that both Lietuvos aidas newspapers use two different numbers based on international standards (ISSN), which are distributed to newspaper publications by the ISSN Lithuanian agency. Formally looking at the situation, the agency, having received the joint-stock company Adenita Ltd. application, technically performed its duty by providing Adenita Ltd. with a ISSN number. For different publishers - different standard numbers. It is only odd that no one bothered to research further into the content of the request as there already was a newspaper with the same name registered in the catalogue of periodical publications. It is also incomprehensible why such a unusual name in publishing as "Lietuvos aidas" was not investigated, especially when the commonly used word, Lithuania, was used. Did the new publisher think that publishing the old "Lietuvos aidas" a new, he had proper permission to use the name of Lithuania? Trademark law states that a trademark owner when requesting to register a name with the word, Lithuania, must be granted permission by the Ministry of Justice. The author emphasizes the situation that has occurred in the media business, firstly analyzing trademark and then afterwards the product. Examining the information provided, we find applications submitted for the registration of names as well as graphics for publications both longand well-known. Nevertheless, it has come to light that applications of permission were not submitted properly by people in the press - not even a single year by the publishers or the founders of periodical publications; however, at first glance no connections can be drawn among these publications with either physical or legal entities.Evaluating the situation in the press as it unfolded at the time, the author would recommend heeding the relevant amendments of the Trademark and Public Information Law, which would clearly regulate all media, which inform the public (particularly periodical publications), as well as establish the precedent for trademark registration as individual or collective copyright that is protected by law (i.e. a publication's names, design, etc.). The amendments in the laws would declare that an application to register a functioning trademark of any entity that conveys public information is to be submitted only in the catalogue of Lithuanian publishers by registered publishers and their legal representatives. At the same time, such parties must also submit proof that they have a right to register such a trademark in the public information sector (e.g. for a newspaper, magazine, bulletin, etc.). The author also gives a good deal of attention to the fact that there is not a single register for periodical publications in the Republic of Lithuania and is reason why publishers must safeguard their names and styles.
