Public policy in trade mark law from Polish and European perspective

master
dc.abstract.enA registration of a trade mark can be refused only on specifically enumerated basis. While those grounds were laconically worded, the premises for their application were specified in the case law. Nevertheless, certain provisions are not a subject of a frequent attention of relevant offices, as trade marks that can infringe rules there established are not applied for registration too often. Thus, there can be found certain notions, which are still blur and their understanding presented in decisions and judgments quite superficial. The term “public policy”, which appears in one provision together with “accepted principles of morality”, can be, in my opinion, counted as such insufficiently explained notion. The main purpose of this thesis would be to gather the relevant decision, judgments and opinions of jurisprudence and, on their basis, construe a comprehensive understanding of that term. Moreover, I wish to present how such understanding can affect the practice.The layout of this work will be as follows. I shall start from rather general remarks about trade marks - their origin, development and nowadays functions. From the beginning of this Master Thesis a particular emphasis will be put on the functional aspects. In the first section this will involve focusing on the role that trademark performed throughout the years. Also in the context of subsequent considerations of importance will be the issue of the meaning of a trade mark. I believe that a proper evaluation on the subject of a particular exclusion from registration is incomplete without bringing into consideration the sole concept of absolute grounds for refusal. Therefore, the first part of the second section will consist of a presentation of individual absolute bars. Through finding what those bars have in common, the essence of absolute grounds for refusal should manifest itself. The conclusions there presented should also apply to particular provisions discussed later on. Afterward, I will focus on the title notion itself – its possible meaning, particular issues regarding its application and the consequence of its conjunction in one provision with “accepted principles of morality” (with a deeper insight in the meaning and scope of the latter). Finally, there will be presented typical examples of sign contrary to public policy, with an explanation why I consider them falling within the scope of this ground for refusal.The subject of the last section will be the protection of emblems, flags, coat of arms etc. To justify their different treatment on the ground of trade mark law, the initial considerations will pertain to dissimilarities between functions of trade marks and official symbols. As I stated before - there are certain notions in trade mark law which, in my opinion, were not sufficiently explained. The troublesome term regarding the protection in question is - “an imitation from a heraldic point of view.” Therefore, in the substantial part of the third section I will deal with the issue of heraldic art and their application in the assessment of trade marks, that allegedly comprise an official symbol.pl
dc.abstract.plA registration of a trade mark can be refused only on specifically enumerated basis. While those grounds were laconically worded, the premises for their application were specified in the case law. Nevertheless, certain provisions are not a subject of a frequent attention of relevant offices, as trade marks that can infringe rules there established are not applied for registration too often. Thus, there can be found certain notions, which are still blur and their understanding presented in decisions and judgments quite superficial. The term “public policy”, which appears in one provision together with “accepted principles of morality”, can be, in my opinion, counted as such insufficiently explained notion. The main purpose of this thesis would be to gather the relevant decision, judgments and opinions of jurisprudence and, on their basis, construe a comprehensive understanding of that term. Moreover, I wish to present how such understanding can affect the practice.The layout of this work will be as follows. I shall start from rather general remarks about trade marks - their origin, development and nowadays functions. From the beginning of this Master Thesis a particular emphasis will be put on the functional aspects. In the first section this will involve focusing on the role that trademark performed throughout the years. Also in the context of subsequent considerations of importance will be the issue of the meaning of a trade mark. I believe that a proper evaluation on the subject of a particular exclusion from registration is incomplete without bringing into consideration the sole concept of absolute grounds for refusal. Therefore, the first part of the second section will consist of a presentation of individual absolute bars. Through finding what those bars have in common, the essence of absolute grounds for refusal should manifest itself. The conclusions there presented should also apply to particular provisions discussed later on. Afterward, I will focus on the title notion itself – its possible meaning, particular issues regarding its application and the consequence of its conjunction in one provision with “accepted principles of morality” (with a deeper insight in the meaning and scope of the latter). Finally, there will be presented typical examples of sign contrary to public policy, with an explanation why I consider them falling within the scope of this ground for refusal.The subject of the last section will be the protection of emblems, flags, coat of arms etc. To justify their different treatment on the ground of trade mark law, the initial considerations will pertain to dissimilarities between functions of trade marks and official symbols. As I stated before - there are certain notions in trade mark law which, in my opinion, were not sufficiently explained. The troublesome term regarding the protection in question is - “an imitation from a heraldic point of view.” Therefore, in the substantial part of the third section I will deal with the issue of heraldic art and their application in the assessment of trade marks, that allegedly comprise an official symbol.pl
dc.affiliationWydział Prawa i Administracjipl
dc.areaobszar nauk społecznychpl
dc.contributor.advisorPodrecki, Paweł - 131477 pl
dc.contributor.authorRomejko, Cyrylpl
dc.contributor.departmentbycodeUJK/WPA3pl
dc.contributor.reviewerKasprzycki, Dariuszpl
dc.contributor.reviewerPodrecki, Paweł - 131477 pl
dc.date.accessioned2020-07-24T15:10:33Z
dc.date.available2020-07-24T15:10:33Z
dc.date.submitted2013-06-14pl
dc.fieldofstudyprawopl
dc.identifier.apddiploma-73851-99150pl
dc.identifier.projectAPD / Opl
dc.identifier.urihttps://ruj.uj.edu.pl/xmlui/handle/item/186705
dc.languagepolpl
dc.subject.enpublic policy; trade mark; heraldrypl
dc.subject.plpublic policy; trade mark; heraldrypl
dc.titlePublic policy in trade mark law from Polish and European perspectivepl
dc.typemasterpl
dspace.entity.typePublication
dc.abstract.enpl
A registration of a trade mark can be refused only on specifically enumerated basis. While those grounds were laconically worded, the premises for their application were specified in the case law. Nevertheless, certain provisions are not a subject of a frequent attention of relevant offices, as trade marks that can infringe rules there established are not applied for registration too often. Thus, there can be found certain notions, which are still blur and their understanding presented in decisions and judgments quite superficial. The term “public policy”, which appears in one provision together with “accepted principles of morality”, can be, in my opinion, counted as such insufficiently explained notion. The main purpose of this thesis would be to gather the relevant decision, judgments and opinions of jurisprudence and, on their basis, construe a comprehensive understanding of that term. Moreover, I wish to present how such understanding can affect the practice.The layout of this work will be as follows. I shall start from rather general remarks about trade marks - their origin, development and nowadays functions. From the beginning of this Master Thesis a particular emphasis will be put on the functional aspects. In the first section this will involve focusing on the role that trademark performed throughout the years. Also in the context of subsequent considerations of importance will be the issue of the meaning of a trade mark. I believe that a proper evaluation on the subject of a particular exclusion from registration is incomplete without bringing into consideration the sole concept of absolute grounds for refusal. Therefore, the first part of the second section will consist of a presentation of individual absolute bars. Through finding what those bars have in common, the essence of absolute grounds for refusal should manifest itself. The conclusions there presented should also apply to particular provisions discussed later on. Afterward, I will focus on the title notion itself – its possible meaning, particular issues regarding its application and the consequence of its conjunction in one provision with “accepted principles of morality” (with a deeper insight in the meaning and scope of the latter). Finally, there will be presented typical examples of sign contrary to public policy, with an explanation why I consider them falling within the scope of this ground for refusal.The subject of the last section will be the protection of emblems, flags, coat of arms etc. To justify their different treatment on the ground of trade mark law, the initial considerations will pertain to dissimilarities between functions of trade marks and official symbols. As I stated before - there are certain notions in trade mark law which, in my opinion, were not sufficiently explained. The troublesome term regarding the protection in question is - “an imitation from a heraldic point of view.” Therefore, in the substantial part of the third section I will deal with the issue of heraldic art and their application in the assessment of trade marks, that allegedly comprise an official symbol.
dc.abstract.plpl
A registration of a trade mark can be refused only on specifically enumerated basis. While those grounds were laconically worded, the premises for their application were specified in the case law. Nevertheless, certain provisions are not a subject of a frequent attention of relevant offices, as trade marks that can infringe rules there established are not applied for registration too often. Thus, there can be found certain notions, which are still blur and their understanding presented in decisions and judgments quite superficial. The term “public policy”, which appears in one provision together with “accepted principles of morality”, can be, in my opinion, counted as such insufficiently explained notion. The main purpose of this thesis would be to gather the relevant decision, judgments and opinions of jurisprudence and, on their basis, construe a comprehensive understanding of that term. Moreover, I wish to present how such understanding can affect the practice.The layout of this work will be as follows. I shall start from rather general remarks about trade marks - their origin, development and nowadays functions. From the beginning of this Master Thesis a particular emphasis will be put on the functional aspects. In the first section this will involve focusing on the role that trademark performed throughout the years. Also in the context of subsequent considerations of importance will be the issue of the meaning of a trade mark. I believe that a proper evaluation on the subject of a particular exclusion from registration is incomplete without bringing into consideration the sole concept of absolute grounds for refusal. Therefore, the first part of the second section will consist of a presentation of individual absolute bars. Through finding what those bars have in common, the essence of absolute grounds for refusal should manifest itself. The conclusions there presented should also apply to particular provisions discussed later on. Afterward, I will focus on the title notion itself – its possible meaning, particular issues regarding its application and the consequence of its conjunction in one provision with “accepted principles of morality” (with a deeper insight in the meaning and scope of the latter). Finally, there will be presented typical examples of sign contrary to public policy, with an explanation why I consider them falling within the scope of this ground for refusal.The subject of the last section will be the protection of emblems, flags, coat of arms etc. To justify their different treatment on the ground of trade mark law, the initial considerations will pertain to dissimilarities between functions of trade marks and official symbols. As I stated before - there are certain notions in trade mark law which, in my opinion, were not sufficiently explained. The troublesome term regarding the protection in question is - “an imitation from a heraldic point of view.” Therefore, in the substantial part of the third section I will deal with the issue of heraldic art and their application in the assessment of trade marks, that allegedly comprise an official symbol.
dc.affiliationpl
Wydział Prawa i Administracji
dc.areapl
obszar nauk społecznych
dc.contributor.advisorpl
Podrecki, Paweł - 131477
dc.contributor.authorpl
Romejko, Cyryl
dc.contributor.departmentbycodepl
UJK/WPA3
dc.contributor.reviewerpl
Kasprzycki, Dariusz
dc.contributor.reviewerpl
Podrecki, Paweł - 131477
dc.date.accessioned
2020-07-24T15:10:33Z
dc.date.available
2020-07-24T15:10:33Z
dc.date.submittedpl
2013-06-14
dc.fieldofstudypl
prawo
dc.identifier.apdpl
diploma-73851-99150
dc.identifier.projectpl
APD / O
dc.identifier.uri
https://ruj.uj.edu.pl/xmlui/handle/item/186705
dc.languagepl
pol
dc.subject.enpl
public policy; trade mark; heraldry
dc.subject.plpl
public policy; trade mark; heraldry
dc.titlepl
Public policy in trade mark law from Polish and European perspective
dc.typepl
master
dspace.entity.type
Publication
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