Despre inadmisibilitatea acţiunii în contrafacere împotriva unei mărci înregistrate. Este necesară reconsiderarea practicii judiciare?
Regarding the inadmissibility of the action alleging infringement against a registered trademark. Is it necessary to reconsider the judicial practice?
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: community trademark; exclusive right; holder of a Community trademark; use of trademark; third parties.
Summary/Abstract: The study of the honourable authors refers to a judgment rendered by the Court of Justice of the European Union, in which the Court answered to a question referred for a preliminary ruling addressed by a Spanish court, having as subject matter the interpretation of art. 9 para. (1) of the Regulation (EC) no. 207/2009 of the Council of 26 February 2009 (coded version) regarding the Community trademark, a rule which consecrates the exclusive right conferred to the holder of a registered Community trademark, as well as the prerogatives of such a right.
- Issue Year: 2013
- Issue No: 02
- Page Range: 9-17
- Page Count: 9
- Language: Romanian