The Interplay of Trade Mark and Copyright Protection for Three-Dimensional Shapes.

The Interplay of Trade Mark and Copyright Protection for Three-Dimensional Shapes.

Journal article

1 electronic resource (page 175-187)

Directive 89/104/EEC, Art. 3(1)(e)(iii); Directive (EU) 2015/2436, Art. 4(1)(e)(iii); Regulation (EU) 2017/1001, Art. 7(1)(e)(iii); Civil Code, Arts. 2569(2), 2571 and 2598; Code of Industrial Property, Arts. 9(c) and 22; Copyright Law, Arts. 2(10), 4, 6, 12 and 18 ‒ Vespa Headnotes by the Editorial Office 1. As an absolute ground for refusal or invalidity of trade mark registrations, ‘substantial value’ exists when the shape of the goods is a factor – not necessarily the only one – that plays a very important role in the consumer’s choice. 2. The objective assessment criteria/indicators to be taken into account when determining whether the substantial value absolute ground is applicable include the public’s perception, the nature of the goods, the artistic value of the shape, its dissimilarity from other shapes in common use in the market concerned, a substantial price difference in relation to similar products, and the development of a promotion strategy principally emphasising the aesthetic characteristics of the goods concerned.

Crossref

GRUR International ; 74, 2, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

eng

https://academic.oup.com/grurint/article/72/3/231/6998505

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