European Court of Justice
The Europeanisation of Trade Mark Law
This Chapter analyses one harmonisation project within European intellectual property law, namely, the recent development of trade mark law within the European Union (EU). It highlights several characteristics of trade mark harmonisation within the European Union.
Property in Brands
This paper traces the emergence of a new res or object of protection within European trade mark law. Proprietary rights in trade marks have conventionally been premised upon the mark’s ability to communicate useful information; namely, indicating the commercial source of goods or services, also referred to as the essential function of a trade mark.
The Reference to the CJEU in Case C-466/12 Svensson
The European Copyright Society (ECS) was founded in January 2012 with the aim of creating a platform for critical and independent scholarly thinking on European Copyright Law. Its members are renowned scholars and academics from various countries of Europe, seeking to promote their views of the overall public interest.
“Communication To The Public” Also Hot-Button Issue Across the Pond
Ben Farrow is a JD candidate at Osgoode Hall Law School. As previously reported by the IPilogue here, the Supreme Court of Canada is not the only national court grappling with the term “communication to the public”. Similar to two of the internet copyright cases heard by the Supreme Court of Canada earlier this month […]
Flower Powers – ECJ Rules On Interflora v Marks And Spencer
Ben Farrow is a JD candidate at Osgoode Hall Law School. On September 22, 2011, the European Court of Justice handed down a judgement on a series of trade mark related questions spurred by the long running dispute between international flower delivery network Interflora and English retailer Marks and Spencer. The case stemmed from a […]