Intellectual property rights are traditionally subject to the principle of territoriality, meaning that their protection is extended only to the territorial jurisdiction of the national granting authority (usually patent and trademark offices). In the light of cross-border commercial expansion that has gradually been experienced during the past few decades, and especially considering circulation of goods and services in the territory of the European Union, the principle of territoriality proved to be increasingly less beneficial in the contemporary reality than originally imagined. The system introduced by the Community trademark, which bestows upon the holder a unitary right valid throughout the entire European Union, was adopted to introduce a substantial element of uniformity to the internal market scenario. However, despite the ideals standing behind the notion and functioning of the internal market, the reality often confronts it with the differences naturally occurring between particular Member States, their market situations as well as the use and functioning of the same trademark therein. This article explores the issues of territorial coverage of trademarks within the EU and the correlation between this territorial exposure and the scope of protection offered to the right holders.
|Journal||International Review of Intellectual Property and Competition Law|
|Early online date||20 Nov 2014|
|Publication status||Published - 2014|