Applicable Law to Infringement Disputes of the Right to a Trade Name Cover Image

Právo rozhodné ve sporech z porušení práva k obchodnímu jménu
Applicable Law to Infringement Disputes of the Right to a Trade Name

Author(s): Helena Pullmannová
Subject(s): Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: Right to Trade Name; Applicable Law; Non-contractual Obligation; Choice of Law; Dépeçage;CLIP Principles.

Summary/Abstract: The paper discusses an issue of determining the law applicable to disputes arising from the violation (or threat) of a right to a trade name in non-contractual obligations in the light of Czech private international law, especially the Rome II Regulation. Attention is paid, inter alia, to the question of whether it is possible to choose the law applicable in these disputes and how to deal with the many applicable laws in an infringement of a right to a trade name by acting with effects in several countries.Finally, the criteria contained in the Rome II Regulation for determining the law applicable to trade name infringement disputes in non-contractual obligations and related issues mentioned above are compared with the criteria set out in the CLIP Principles in order to emphasize a different approach to these matters.

  • Issue Year: 29/2021
  • Issue No: 3
  • Page Range: 617-632
  • Page Count: 16
  • Language: Czech
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