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15:48 3 November 2011
Current Legal Problems Lecture: The Role of Legitimacy in Trade Mark Law
UCL Law Faculty |
4–8 Endsleigh Gardens | London | WC1H 0EG | United Kingdom
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Dr Ilanah Simon-Fhima, UCL Faculty of Laws, Ilanah Simon Fhima is a lecturer and co-director of the Institute of Brand and Innovation Law at UCL Faculty of Laws. Her particular research interest is in European and comparative trade mark law, with a focus on the scope of protection. She has published extensively on both European and US trade mark law on both sides of the Atlantic. Her book on European and US trade mark dilution will be published in November 2011 by Oxford University Press.
The Rt Hon Mr Justice Floyd, Chair
Far from being a 'monopoly right', the rights granted under a trade mark equate to the exclusive right to undertake a number of activities, and to prevent others from doing the same. However, even within the scope of those exclusive rights, the Court of Justice of the European Union has attempted to demarcate between permitted and non-permitted uses of those legislatively granted exclusive rights using the tool of 'legitimacy'. This lecture attempts to map out the instances in which the concept of legitimacy has been used in trade mark law, and to determine when the CJEU does and does not consider a trade mark owner's reliance on its rights to be 'legitimate'. The lecture will also take a wider look at how legitimacy is understood in other areas of law and theory, comparing this to the CJEU's approach in its trade mark jurisprudence.
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