Modificările aduse de Directiva (UE) 2015/2436
a Parlamentului European și a Consiliului din 16 decembrie 2015 de apropiere a legislațiilor statelor membre cu privire la mărci
The amendments made by the (EU) Directive 2015/2436
of the European Parliament and the Council of December 16th 2015 to approximate the laws of Member States regarding trademarks
Author(s): George-Mihai IrimescuSubject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: trademark directive; harmonization; reform; EUIPO; Court of Justice of the European Union; absolute grounds; relative grounds; infringement; trademark use; national trademarks law.
Summary/Abstract: The present paper tries to summarize the most important changed brought by the new Trademark Directive.The new directive regulates in more detail both substantive and procedural aspects, being considered part of the biggest reform since the introduction of the since the introduction of the CTM system.Thus, the new Directive continues the harmonisation efforts of the previous directives, adding new layers of harmonisation based on the rulings of the Court of Justice of the European Union and on the common experience of EUIPO and the national trademark offices.The Directive is comprised of more articles than the previous ones, with additional provision regarding the trademark filing, absolute and relative ground for refusal, trademark infringement (with a significant number of articles regulating this aspect), trademark use or procedural aspects.Where appropriate, the article also contains comments with respect to the present national trademarks law, and whether the new Directive will determine further changes of the same or the current provisions are in line with those of the new Directive.
Journal: Revista Română de Dreptul Proprietăţii Intelectuale
- Issue Year: 2016
- Issue No: 3 (48)
- Page Range: 142-157
- Page Count: 16
- Language: Romanian
- Content File-PDF