This book discusses limits in EU trade mark law and how the interests of third parties may be incorporated in EU legislation and the decision-making process. Four topical conflicts of interests are discussed in separate articles. The topics include trademark rights in conflict with other property interests or the legitimate interests of enterprises such as freedom to conduct business, to compete or engage in truthful expression or advertising. The research concludes with guidelines for decision-making that allow reconciliation of the interests of third parties with the corresponding different levels of trademark protection. The EU Trade Mark Directive in its current form does not allow general consideration of third party interests and forces the decision-maker into an all-or-nothing decision. The research introduces platforms for consideration of competing interests, where the legitimate interests of both parties may be evaluated and given due weight both in theory and in practice.
This book discusses limits in EU trade mark law and how the interests of third parties may be incorporated in EU legislation and the decision-making process. Four topical conflicts of interests are discussed in separate articles. The topics include trademark rights in conflict with other property interests or the legitimate interests of enterprises such as freedom to conduct business, to compete or engage in truthful expression or advertising. The research concludes with guidelines for decision-making that allow reconciliation of the interests of third parties with the corresponding different levels of trademark protection. The EU Trade Mark Directive in its current form does not allow general consideration of third party interests and forces the decision-maker into an all-or-nothing decision. The research introduces platforms for consideration of competing interests, where the legitimate interests of both parties may be evaluated and given due weight both in theory and in practice.