Table of Contents

Constructing European Intellectual Property

Constructing European Intellectual Property

Achievements and New Perspectives

European Intellectual Property Institutes Network series

Edited by Christophe Geiger

This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research.

Chapter 7: Adapting EU trademark law to new technologies: back to basics?

Martin Senftleben

Subjects: law - academic, european law, intellectual property law


In recent years, the Court of Justice of the European Union (CJEU) has continuously expanded the scope and reach of trademark protection in the EU. With the challenges arising in the digital environment, however, this expansionist approach becomes more and more questionable. The current problems arising from keyword advertising shed light on areas of overbroad, excessive trademark protection created by the Court. Moreover, inconsistencies in the Court’s system of infringement criteria clearly come to the fore. Against this background, the present analysis explores ways out of the dilemma.

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