Genuine use of the Community Trade Mark – the market concept

master
dc.abstract.enThe thesis focuses on the problem of the territorial extent of use of the Community Trade Mark. Until recently is was accepted that use in one Member State of the EU is enough to satisfy the requirement of genuine use laid down in Article 15 CTMR. However, the latest developments in the ECJ’s jurisprudence have questioned this approach and the need has occurred to find a test which could be applied to determine whether the scope of use of a CTM is enough for it to constitute genuine use. Having provided the explanation of the notion of trade mark’s obligatory use and of the current controversy concerning the territorial extent of CTM use, the work explores various concepts regarding the possibility of delineating relevant markets on a case-by-case basis, with reference to which trade mark use could be evaluated in individual cases. Firstly, ECJ’s cases are taken into consideration which involve problems of the CTM system other than genuine use that also have a territorial dimension to them – such as what territorial scope of reputation is required in order to justify increased protection against dilution. Then, a ‘market penetration’ approach is presented which originates from the practice applied by the U.S. courts. Subsequently, the deliberations concentrate on the applicability of the relevant market concept originating in competition law. The relevant market definition is provided and the usefulness of its respective elements for the purposes of building the definition of market concerned by trademarked goods or services is evaluated. In the final part, alternative ideas are laid down on how to improve the CTM system in the context of its problems arising from current lack of stringent approach to the genuine use requirement. They include the introduction of a new rule of coexistence between trade marks and the inspirations from the American doctrine concerning the notion of bona fide intent to use and the concurrent use doctrine.pl
dc.abstract.plThe thesis focuses on the problem of the territorial extent of use of the Community Trade Mark. Until recently is was accepted that use in one Member State of the EU is enough to satisfy the requirement of genuine use laid down in Article 15 CTMR. However, the latest developments in the ECJ’s jurisprudence have questioned this approach and the need has occurred to find a test which could be applied to determine whether the scope of use of a CTM is enough for it to constitute genuine use. Having provided the explanation of the notion of trade mark’s obligatory use and of the current controversy concerning the territorial extent of CTM use, the work explores various concepts regarding the possibility of delineating relevant markets on a case-by-case basis, with reference to which trade mark use could be evaluated in individual cases. Firstly, ECJ’s cases are taken into consideration which involve problems of the CTM system other than genuine use that also have a territorial dimension to them – such as what territorial scope of reputation is required in order to justify increased protection against dilution. Then, a ‘market penetration’ approach is presented which originates from the practice applied by the U.S. courts. Subsequently, the deliberations concentrate on the applicability of the relevant market concept originating in competition law. The relevant market definition is provided and the usefulness of its respective elements for the purposes of building the definition of market concerned by trademarked goods or services is evaluated. In the final part, alternative ideas are laid down on how to improve the CTM system in the context of its problems arising from current lack of stringent approach to the genuine use requirement. They include the introduction of a new rule of coexistence between trade marks and the inspirations from the American doctrine concerning the notion of bona fide intent to use and the concurrent use doctrine.pl
dc.affiliationWydział Prawa i Administracjipl
dc.areaobszar nauk społecznychpl
dc.contributor.advisorPodrecki, Paweł - 131477 pl
dc.contributor.authorGąsowska, Magdalenapl
dc.contributor.departmentbycodeUJK/WPA3pl
dc.contributor.reviewerPodrecki, Paweł - 131477 pl
dc.contributor.reviewerKasprzycki, Dariuszpl
dc.date.accessioned2020-07-24T23:21:06Z
dc.date.available2020-07-24T23:21:06Z
dc.date.submitted2014-06-27pl
dc.fieldofstudyprawopl
dc.identifier.apddiploma-85551-111198pl
dc.identifier.projectAPD / Opl
dc.identifier.urihttps://ruj.uj.edu.pl/xmlui/handle/item/194339
dc.languageengpl
dc.subject.enCommunity Trade Mark, genuine use, competition law, anti-monopoly lawpl
dc.subject.plCommunity Trade Mark, genuine use, competition law, anti-monopoly lawpl
dc.titleGenuine use of the Community Trade Mark – the market conceptpl
dc.typemasterpl
dspace.entity.typePublication
dc.abstract.enpl
The thesis focuses on the problem of the territorial extent of use of the Community Trade Mark. Until recently is was accepted that use in one Member State of the EU is enough to satisfy the requirement of genuine use laid down in Article 15 CTMR. However, the latest developments in the ECJ’s jurisprudence have questioned this approach and the need has occurred to find a test which could be applied to determine whether the scope of use of a CTM is enough for it to constitute genuine use. Having provided the explanation of the notion of trade mark’s obligatory use and of the current controversy concerning the territorial extent of CTM use, the work explores various concepts regarding the possibility of delineating relevant markets on a case-by-case basis, with reference to which trade mark use could be evaluated in individual cases. Firstly, ECJ’s cases are taken into consideration which involve problems of the CTM system other than genuine use that also have a territorial dimension to them – such as what territorial scope of reputation is required in order to justify increased protection against dilution. Then, a ‘market penetration’ approach is presented which originates from the practice applied by the U.S. courts. Subsequently, the deliberations concentrate on the applicability of the relevant market concept originating in competition law. The relevant market definition is provided and the usefulness of its respective elements for the purposes of building the definition of market concerned by trademarked goods or services is evaluated. In the final part, alternative ideas are laid down on how to improve the CTM system in the context of its problems arising from current lack of stringent approach to the genuine use requirement. They include the introduction of a new rule of coexistence between trade marks and the inspirations from the American doctrine concerning the notion of bona fide intent to use and the concurrent use doctrine.
dc.abstract.plpl
The thesis focuses on the problem of the territorial extent of use of the Community Trade Mark. Until recently is was accepted that use in one Member State of the EU is enough to satisfy the requirement of genuine use laid down in Article 15 CTMR. However, the latest developments in the ECJ’s jurisprudence have questioned this approach and the need has occurred to find a test which could be applied to determine whether the scope of use of a CTM is enough for it to constitute genuine use. Having provided the explanation of the notion of trade mark’s obligatory use and of the current controversy concerning the territorial extent of CTM use, the work explores various concepts regarding the possibility of delineating relevant markets on a case-by-case basis, with reference to which trade mark use could be evaluated in individual cases. Firstly, ECJ’s cases are taken into consideration which involve problems of the CTM system other than genuine use that also have a territorial dimension to them – such as what territorial scope of reputation is required in order to justify increased protection against dilution. Then, a ‘market penetration’ approach is presented which originates from the practice applied by the U.S. courts. Subsequently, the deliberations concentrate on the applicability of the relevant market concept originating in competition law. The relevant market definition is provided and the usefulness of its respective elements for the purposes of building the definition of market concerned by trademarked goods or services is evaluated. In the final part, alternative ideas are laid down on how to improve the CTM system in the context of its problems arising from current lack of stringent approach to the genuine use requirement. They include the introduction of a new rule of coexistence between trade marks and the inspirations from the American doctrine concerning the notion of bona fide intent to use and the concurrent use doctrine.
dc.affiliationpl
Wydział Prawa i Administracji
dc.areapl
obszar nauk społecznych
dc.contributor.advisorpl
Podrecki, Paweł - 131477
dc.contributor.authorpl
Gąsowska, Magdalena
dc.contributor.departmentbycodepl
UJK/WPA3
dc.contributor.reviewerpl
Podrecki, Paweł - 131477
dc.contributor.reviewerpl
Kasprzycki, Dariusz
dc.date.accessioned
2020-07-24T23:21:06Z
dc.date.available
2020-07-24T23:21:06Z
dc.date.submittedpl
2014-06-27
dc.fieldofstudypl
prawo
dc.identifier.apdpl
diploma-85551-111198
dc.identifier.projectpl
APD / O
dc.identifier.uri
https://ruj.uj.edu.pl/xmlui/handle/item/194339
dc.languagepl
eng
dc.subject.enpl
Community Trade Mark, genuine use, competition law, anti-monopoly law
dc.subject.plpl
Community Trade Mark, genuine use, competition law, anti-monopoly law
dc.titlepl
Genuine use of the Community Trade Mark – the market concept
dc.typepl
master
dspace.entity.type
Publication
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