scholarly journals ОБИМ СУБЈЕКТИВНОГ ПРАВА НА ЖИГ У ПРАВУ ЕВРОПСКЕ УНИЈЕ

TEME ◽  
2017 ◽  
pp. 193
Author(s):  
Vukašin Petrović
Keyword(s):  
European Union ◽  
Trade Mark ◽  
Regulatory Framework ◽  
The European Union ◽  
Concrete Case ◽  
Court Of Justice ◽  
Likelihood Of Confusion ◽  
The Individual

In this paper, we analyze the appropriate regulatory framework of the European Union which is related to the issue of the scope of trade mark, i.e. its application in practice, through appropriate judgements of the Court of Justice of the European Union. More particularly, the focus of the analysis is on the factors on the basis of which the scope of trade mark as a subjective right is determined, i.e. the limits of protection acquired by the concrete trade mark. In that sense, this paper will aim to provide a detailed view of, primarily, the concept of likelihood of confusion which represents the key element for determining the scope of trade mark as a subjective right, through the view of the individual elements from which it consists, i.e. on the basis of which the existence of the mentioned likelihood is determined in each concrete case.

Similarity of Marks

2019 ◽  
Author(s):  
Ilanah Fhima ◽  
Dev S. Gangjee
Keyword(s):  
European Union ◽  
Crucial Role ◽  
Trade Mark ◽  
The European Union ◽  
Conceptual Similarity ◽  
Average Consumer ◽  
Court Of Justice ◽  
Likelihood Of Confusion ◽  
Constituent Elements

The test for similarity of marks has changed very little since it was laid down by the Court of Justice of the European Union (CJEU) in SABEL v Puma. Given that the court has adopted a strict approach to when marks will be identical, similarity of marks plays a crucial role in ensuring that the interests of trade mark owners are adequately protected. There the court stated that a ‘global appreciation of the visual, aural or conceptual similarity of the marks in question, must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components’ with a view to determining whether the signs in question are similar enough to lead to a likelihood of confusion in the minds of the average consumer of the goods or services in question. It has subsequently been suggested that, where marks have other sensory aspects, as would be the case with, for example, an olfactory mark, these too should be considered. The court also noted that average consumers tend to view marks as a whole, rather than dividing them into their constituent elements.

scholarly journals An Autonomous EU Functionality Doctrine for Shape Exclusions

2020 ◽  
Vol 69 (6) ◽  
pp. 567-577
Author(s):  
Uma Suthersanen ◽  
Marc D Mimler
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Public Interest ◽  
Subject Matter ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
The European Union ◽  
Court Of Justice ◽  
Functionality Doctrine

Abstract Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition.

Dispute Settlement Mechanisms: Gulf Cooperation Council Practice v. European Union Practice

2021 ◽  
pp. 1-26
Author(s):  
Fathi Hussain ◽  
Mahdi Zahraa
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Gulf Cooperation Council ◽  
The European Union ◽  
International Organisations ◽  
Political Will ◽  
Court Of Justice ◽  
The Individual ◽  
The Eu ◽  
Dispute Settlement Mechanisms

Abstract Dispute settlement mechanisms (DSM) are the heart of international organisations without which organisations would be ineffective. The European Union (EU) is probably the most effective regional body whose efficacy is largely due to its powerful judicial organ, the Court of Justice (CJEU). This article also examines the DSM available in the Gulf Cooperation Council (GCC), in order to assess its effectiveness. It briefly discusses aspects of the EU and CJEU to help provide suggestions to improve the GCC DSM. This article concludes that the GCC DSM lacks effectiveness due to an inherent defect in its DMS organs. This defect is twofold: first, the GCC has yet to establish an effective judicial organ to deal with its disputes; and, second, there is a lack of political will to establish an organ that is vested with a supranational power that can override the individual will of the Member States.

38. Relative grounds for refusal

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
Likelihood Of Confusion ◽  
The Uk

This chapter focuses on ‘relative grounds’ for denying an application to register a trade mark as set out in section 5 of the Trade Marks Act 1994 and Article 8 of the European Union Trade Marks Regulation (EUTMR). It identifies ‘earlier trade marks’ and ‘earlier rights’ before turning to the tests which allow a prior mark to oppose the registration of a subsequent one. First, it reviews the so-called double identity ground, where an identical (later) mark is applied for, in the context of identical products. Second, it considers when likelihood of confusion may be established. Third, it surveys three situations referred to collectively as ‘dilution’, where the later mark may mentally evoke the earlier one in a way that is not confusing, yet still wrongful. It also explains the ‘advertising function’ of a trade mark, along with requirements relating to reputation and ‘due cause’. Finally, the chapter discusses relevant provisions governing unregistered trade marks, copyright, design right, and registered design right in the UK.

scholarly journals Súčasné výzvy v oblasti mládeže

2020 ◽  
pp. 276-288
Author(s):  
Natália Mulinová
Keyword(s):  
European Union ◽  
Young People ◽  
Slovak Republic ◽  
The European Union ◽  
Pilot Survey ◽  
Critical Areas ◽  
Court Of Justice ◽  
Increasing Risk ◽  
The Individual ◽  
European Youth

The main aim of the paper is to detect current youth challenges in the context of modern Europe, based on the new European Union Strategy for Youth, which will be a source document fot the years 2019 to 2027. An integral part of the Strategy are the European goals and challenges of the current generation of young people, determined by youth across Europe, as a result of the sixth cycle of the European Youth Dialogue, entitled 'Youth in Europe: What is next? In view of eleven European goals and challenges for young Europeans, we initiated a pilot survey in the form of a questionnaire with students at University of St. Cyril and Methodius in Trnava. The aim of the pilot survey was to obtain relevant data, information from the student's perspective, capturing the attitudes and opinions on the individual areas that the European objectives accurately define. On the basis of the research results, students know most about the European Parliament and the Council of the European Union. They know the least about the Court of Justice of the European Union and the European Council. In general, however, they are skeptical of the European Union and its institutions, although, as the survey has shown, students rarely seek information about its activities. Gender equality is one of the other cross-sectoral areas incorporated in the European Youth Goals and Challenges. Students (61.9%) realize that in the conditions of the Slovak Republic discriminatory tendencies prevail over the issue of equal employment opportunities for men and women, which most often result from stereotyped beliefs. One of the most critical areas that European youth has defined is the mental health of young people, which is currently stigmatized. Increasing risk of mental disorders is also recognized by the students involved in our survey (79.9%). Social networks, pressures from society, increased demands of employers or discriminatory manifestations are the most cited causes by students.

On Obesity as a Disability

2015 ◽  
Vol 6 (1) ◽  
pp. 145-150 ◽  
Author(s):  
Katharina Ó Cathaoir
Keyword(s):  
European Union ◽  
General Principle ◽  
Professional Life ◽  
Preliminary Ruling ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Individual

Case C-354/13, Fag og Arbejde (FOA) v Kommunernes Landsforening (KL) [2014] (not yet reported)There is no general principle under European Union law prohibiting discrimination on the basis of obesity in regard to employment and occupation. Obesity alone is not a disability but can constitute a disability where it is accompanied by a limitation resulting from long term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the individual in professional life on an equal basis with other workers (official headnote).In December 2014, the Court of Justice of the European Union (CJEU) issued a preliminary ruling addressing, firstly, whether obesity is a protected ground of non–discrimination, and, secondly, whether obesity can amount to a disability. This piece begins with an introduction to the topic of obesity, followed by the facts of the case, the CJEU's judgment and a comment on the decision.

CJEU provides guidance on assessing if an ‘economic link’ exists between two parties which precludes a likelihood of confusion  Court of Justice of the European Union, Case C-736/18 P Gugler France v European Union Intellectual Property Office, EU:C:2020:308, 23 April 2020

2020 ◽  
Vol 15 (9) ◽  
pp. 676-677
Author(s):  
Leigh Smith
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The Other ◽  
The European Union ◽  
Court Of Justice ◽  
Likelihood Of Confusion

Abstract The Court of Justice of the European Union has confirmed that the assessment of whether there was an ‘economic link’ between two parties should be assessed substantively and not formally. As such, it should not be only considered from the perspective of whether the earlier rightholder has the ability to control the other party.

Confédération Paysanne and Others v. Premier Ministre and Ministre De L'Agriculture, De L'Agroalimentaire Et De La Forêt (C.J.E.U.)

2019 ◽  
Vol 58 (6) ◽  
pp. 1281-1298
Author(s):  
Hans-Georg Dederer
Keyword(s):  
European Union ◽  
Genetically Modified Organisms ◽  
Genetically Modified ◽  
Regulatory Framework ◽  
The European Union ◽  
Court Of Justice

On July 25, 2018, the Court of Justice of the European Union (CJEU, the Court) rendered its judgment in the case C-528/16, Confédération paysanne and Others. It is a landmark decision in that the Court essentially decided that genome-edited organisms are “genetically modified organisms” (GMOs) governed by the EU's regulatory framework on GMOs without exception.

When Does Stand-Alone Software Qualify as a Medical Device in the European Union?—The Cjeu’s Decision in Snitem and What it Implies for the Next Generation of Medical Devices

2020 ◽  
Vol 28 (3) ◽  
pp. 615-624
Author(s):  
Timo Minssen ◽  
Marc Mimler ◽  
Vivian Mak
Keyword(s):  
European Union ◽  
Medical Device ◽  
Medical Devices ◽  
Paradigm Shift ◽  
Regulatory Framework ◽  
The European Union ◽  
Medical Purpose ◽  
Court Of Justice ◽  
Definition Of ◽  
Support Software

Abstract This contribution analyses the first decision by the Court of Justice of the European Union (CJEU) on the qualification and regulation of stand-alone software as medical devices. Referring to the facts of the case and the applicable European Union (EU) regulatory framework, the Court specifically found that prescription support software may constitute a medical device. This would even be the case where the software does not act directly in or on the human body. Yet, according to the CJEU, it is necessary that the intended purpose falls within one or more of the ‘medical purpose’ categories of the regulatory definition of ‘medical device’. The case has important implications, not only for specific legal debates, but it also signifies a paradigm shift with a rapidly increasing digitalisation of the health and life sciences. This highlights the demand for continuous debates over the necessary evolution of the regulatory framework applying to the interface of medical artificial intelligence (AI) and Big Data.

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