06 Jun 07 Jun
13:00 - 14:00
WORKSHOP Trade Mark Law Institute

Proportionality in trade mark law



The proportionality principle is enshrined in Article 3 of the European Enforcement Directive.  The first sentence of paragraph 2 states that "measures, procedures and remedies" to enforce "intellectual property rights" must be "proportionate" in addition to being "effective" and "dissuasive". The second sentence of Article 3(2) teaches that this principle of proportionality requires, in particular, that the measures, procedures and remedies referred to must be "applied in such a way as to avoid the creation of barriers to legitimate trade and to provide safeguards against the abuse of such procedures." 

Article 3 teaches that the principle of proportionality seeks to counterbalance the private interest of the IP right holder - who benefits from deterrent and effective law enforcement - and stands for the public interest which benefits from unimpeded legitimate trade and does not benefit from abusive litigation.  The principle of proportionality is also found in the TRIPS Agreement of 1995, which implies that it should be respected not only on the basis of EU law, but is also subject to interpretation by the WTO. The TLI workshop seeks to explore the extent to which the principle of proportionality plays a role in trade mark cases where the interests of the trade mark holder are curtailed by the interest of third parties and society at large.


Thursday 6 June 2024

13.00 - 14.00    Lunch
14.00 - 14.30    Reflection on Antoon Quadvlieg’s involvement in early TLI
14.30 - 16.00    Session 1: Bad faith and unclean hands
16.00 - 16.30    Break
16.30 - 18.00    Session 2: Use of marks beyond indicating origin

Friday 7 June

09.00 - 10.30    Session 3: Proportionality and enforcement of trade marks, in light of the circular economy
10.30 - 11.00    Break
11.00 - 12.30    Session 4: Is there a role for technology to assist in proportionality assessment?
12.30 - 14.00    Walking lunch