Excluding technical trademarks in breach of TRIPS?
Speaker(s):
Tobias Endrich-Laimböck , Max Planck Institute for Innovation and Competition
Series:
Intellectual Property Law Discussion Group (IPDG)
Associated with:
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This presentation argues that categorically denying trademark protection to signs fulfilling a technical function breaches international obligations. An isolated interpretation of Art. 6quinquies of the Paris Convention for the Protection of Industrial Property and Art. 15 of the TRIPS Agreement puts pressure on absolute grounds for refusal in trademark law, such as Article 7 (1) e) of the EU Trade Mark Regulation.
Theme:
Intellectual Property Law
