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The Societal Interests behind Trademark Protection: A Fundamental Rights Approach

11.3.2009, Asiantuntija-artikkeli

The recent regulatory developments on the international, regional as well as national level have resulted in an expansion of the rights of trade mark owners. At the same time, globalization and technological development has redefined the marketplace. However, traditional trademark law only applies territorially and in a commercial setting. Likewise, extended protection for famous marks against harm to the distinctive character or reputation of the mark expands trademark protection to noncompeting commercial uses. This tendency is in contrast with the traditional view, which contends that identical marks used on dissimilar goods can peacefully coexist. This article argues that an international common core of trademark protection that preserves the legitimacy of international trademark law can be found within existing rules. Secondly, the author argues that this core indicates a need to restructure the traditional approach to the interpretation of trademark rules. The author presents a proposal on what different interests should be given weight and how the weight given should differ depending on the circumstances of each case.

(Edilex-toimitus)

Asiasanat
• Perusoikeudet - TRIPS-sopimus - Tavaramerkki

Lisätiedot
• Julkaistu aiemmin teoksessa Teollisoikeudellisia kirjoituksia VII