Constructing European Intellectual Property
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Constructing European Intellectual Property

Achievements and New Perspectives

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.
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Chapter 6: Evaluation of the functioning of the EU trademark system: the trademark Study

Annette Kur


The EU trademark system in its current form came into existence in the mid-nineties of the last century. As is well-known, it consists of two tiers: the national trademark systems which were harmonized by the Trademark Directive (TMD) and the overarching regime established by the Community Trademark Regulation (CTMR). The Community Trademark (CTM) is a unitary right extending over the entire Community, while the national rights remain confined to their respective territories. Both regimes – the CTM system and national rights – coexist with each other. Due to the exclusive character of rights existing at the national or Community level, the systems are interdependent in the sense that all prior national marks (and other signs used in the course of trade) form obstacles for protection of subsequent CTMs, and all prior CTMs form obstacles to subsequent national marks.

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