НАЧЕЛО СПЕЦИЈАЛНОСТИ ЖИГА И ЗАБРАНА РАЗВОДЊАВАЊА ЧУВЕНОГ ЖИГА – ПРАВНОЕКОНОМСКО ТУМАЧЕЊЕ
SPECIALTY PRINCIPLE AND PROHIBITION OF DILUTION OF FAMOUS TRADEMARKS – LEGAL AND ECONOMIC INTERPRETATION

Summary/Abstract: This article starts off with a presentation of economic foundations of trademark protection, and continues with an analysis of two essential institutes of trademark law: the specialty principle (as a rule), and the prohibition of dilution of famous trademarks (as an exception). The goal of the analysis was to reveal the economic logic behind the operation of the two, and thereby indicate the scope of the exception. The conclusion is that the prohibition of dilution of famous trademarks should exist only within the boundaries of the basic economic function of trademark, namely the promotion of market efficiency by reducing the asymmetry of information. Inversely, the proprietary economic reasoning behind the prohibition of dilution of famous trademarks leads to unjustified and excessively broad interpretation of this exception.

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