Trade Mark Infringement or Unfair Commercial Conduct? The Complications of Case C-129/17 “Mitsubishi”
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10.26494/QMLJ3945
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The protection of IP rights has always caused friction between the interests of
rightsholders and consumers. To aid in alleviating this tension, the various branches of IP law
have developed their own doctrines of exhaustion. Regarding European Union (“EU”) trade
mark law, the Court of Justice of the European Union (“CJEU”) authoritatively considers the
EU Trade Mark Directive (“EUTMD”) and EU Trade Mark Regulation (“EUTMR”) as
adopting a model of regional exhaustion. However, the author considers that following Case
C-129/17 “Mitsubishi”, the CJEU has illegitimately extended the scope of EU trade mark law
to cover situations that, when properly considered, ought to be dealt with under the national
laws of EU Member States as unfair competition issues. The following exposition shall
substantiate this claim.
Authors
Parimalam, ShehanCollections
- Queen Mary Law Journal [38]
- Queen Mary Law Journal [38]
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