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While Article 8 of the Paris Convention mandates the protection of trade names independently of their entitlement to protection as trademarks, European law has traditionally offered only limited and uneven protection. This article examines the heightened protection of trade names within the...
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The article aims to examine the legal situation relating to counterfeit goods in transit and the responsibilities of intermediaries in the transport of such goods within the European Union (EU). Reference will be made to regulations that preceded Regulation 1383/2003 and the amendments brought...
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This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions...
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In the European Union (EU), the criteria for determining a sign’s eligibility for trademark protection are harmonized to a large extent. On the one hand, the trademark legislation and office practices in EU Member States have to keep within the harmonized legal framework set forth in the EU...
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