Right and Wrong Analogies. The CJEU’s Use of Trade Mark Concepts in Copyright and Design Law

European Intellectual Property Review, 2020, Forthcoming

10 Pages Posted: 30 Aug 2019

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Date Written: May 8, 2019

Abstract

In the last few years, the Court of Justice of the European Union has started to use notions of one intellectual property right (IPR), namely trade mark law, to decide cases dealing with other IPR, namely designs and copyright. This article analyses this case law. It shows that in some cases, this practice is justified but in others, controversial, even misplaced, and concludes that the Advocate Generals and the court should be wary to extend notions or reasonings from one IPR to another without having carefully verified whether these can apply to another IPR.

Keywords: design, trademark, copyright, intellectual property, EU, Court of Justice of the European Union

Suggested Citation

Derclaye, Estelle, Right and Wrong Analogies. The CJEU’s Use of Trade Mark Concepts in Copyright and Design Law (May 8, 2019). European Intellectual Property Review, 2020, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3445426

Estelle Derclaye (Contact Author)

University of Nottingham, School of law ( email )

Nottingham NG7 2RD
United Kingdom

HOME PAGE: http://www.nottingham.ac.uk/law2/staff/estelle.derclaye

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