Invoking Freedom of Expression and Freedom of Competition in Trade Mark Registration and Infringement Proceedings

This e-presentation offers an in-depth analysis of the legal mechanisms for striking a balance between the competing interests of freedom of expression and freedom of competition in the area of trade mark infringement. Special focus is placed on the issue in the framework of the EU trade mark reform.

Łukasz Żelechowski

Information

Standard version

This version of the e-presentation allows you to jump back and forward to the section of most interest.
No certificate can be provided for using this version.

Start

Certified version

This version requires you to view the full e-presentation and to take a short quiz at the end. A certificate can then be issued entitling you to CPD points in selected jurisdictions.

Start

Question 1 of 3

Question 1: The EUTMR:

Refers in one of its Recital that it should be applied in a way that ensures full respect for fundamental rights and freedoms, and in particular the freedom of expression.

Refers in one of its Article that it should be applied in a way that ensures full respect for fundamental rights and freedoms, and in particular the freedom of expression.

Does nor refer at all to the fact that it should be applied in a way consistent with fundamental rights and freedoms.

Question 2 of 3

Question 2: According to a recent judgement from the EFTA Court, public policy/morality trade mark exclusion:

is applicable under certain conditions with regard to works of authorship that are a part of a nation’s cultural heritage.

is not applicable with regard to works of authorship that are a part of a nation’s cultural heritage

Question 3 of 3

Question 3: According to the speaker, a due cause clause applicable only to extended protection of TMs having a reputation:

Is not useful in order to balance the interests on the premise of freedom of expression and freedom of competition.

Appears to be a useful tool of balancing of interests on the premise of freedom of expression and freedom of competition.

Is irrelevant in order to balance the interests on the premise of freedom of expression and freedom of competition.