Law of Trade Marks and of Geographical Indications
Full course description
This course covers the principles of economic market regulation under trade mark law, unfair competition law and geographical indications. In this course, we first focus on the registration and protection of marks under European Union and national trade mark systems. You will be introduced to the pertinent concepts of trade mark law. Finally, the Madrid Agreement and its relationship with the European systems will be discussed.
In a second part, the regulatory framework of the law of unfair competition and the tort of passing off will be placed in the context of harmonisation of international norms. You will be introduced to what unfair competition means and why this area of law is relevant in the context of IP, in particular for trade marks. You will get acquainted with general principles before being exposed to national system of protecting unfair competition.
Finally, we will also cover the protection of geographical indications of origin. We will study the rationale of GI protection, scope of protection and in particular its relationship with trade mark law. You will then become familiar with the international and the European framework of GI protection.
Taught by: Dr. Anke Moerland (UM), Prof. Anselm Kamperman Sanders (UM)
At the end of this course, the student
- can place trade marks, geographical indications and the law of unfair competition in an international and national perspective
- is able to critically assess the rationale of trade mark, geographical indication and unfair competition protection
- can describe the role and function of international institutions (WIPO, WTO, EUIPO) and instruments (PC, Madrid Agreement and Protocol and Lisbon Agreement, EC Directives and Regulations),
- will be conversant with concepts such as absolute and relative grounds, confusion, misappropriation and dilution, and
- is able to write, argue and present on these issues in the context of international protection of (well-known) marks and/or geographical indications of origin.
- Blakeney, M. (January 01, 2014). The Registration of Geographical Trade Marks in Europe. International Trade Law & Regulation, 20, 1, 1-12.
- Christie/Gare, Blackstone's Statutes on Intellectual Property, 14th Edition (Oxford University Press) (Links to an external site.)
- Gragnani, M. (2012). The law of geographical indications in the EU. Journal of Intellectual Property Law and Practice, 7, 4, 271-282.
- Kamperman Sanders. A. (2013). Unfair Competition: Complementary or Alternative to Intellectual Property in the EU? In: Constructing European Intellectual Property : Achievements and New Perspectives, 329-339.
- Kamperman Sanders, A. (2018), Unjustified threats and the repression of unfair competition, In Heath, C., Kamperman Sander, A., & Moerland, A. (2018). Intellectual property rights as obstacles to legitimate trade?.
- Ladas, S. P. (1975). Patents, trademarks, and related rights: National and international protection. Cambridge, MA: Harvard University Press.
- Moerland, A. (2020), ‘New Trade Mark Uses in the Fourth Industrial Revolution: Virtual and Augmented Realities (Links to an external site.)’, in: Heath, C., Kamperman Sanders A. and Moerland A. (Eds.), Intellectual Property Law and the Fourth Industrial Revolution (Links to an external site.), IEEM International Intellectual Property Series vol. 11, Wolters Kluwer, p. 163 – 198
- Moerland (2019), ‘Geographical indications and innovation: What is the connection (Links to an external site.)?’, in: J. Drexl and A. Kamperman Sanders, The Innovation Society and Intellectual Property (Links to an external site.) (European Intellectual Property Institutes Network series, Edward Elgar), p. 59 – 85.
- Schechter, F. I. (1927). The Rational basis of trademark protection. Cambridge: Harvard Law Review Association
- Tritton, G. (2018). Tritton on intellectual property in Europe, 5th edition, chapter 3