LEGAL PROTECTION OF THE TRADEMARK RIGHTS IN LICENSE AGREEMENT

  • Milica Sutova
  • Ksenija Vlaškovic

Abstract

Under Regulation 207/2009 / EC, a licensee which is not registered in a


suitable register cannot initiate proceedings due to a violation of


trademark rights. The subject of this analysis is how the courts in the


Member States of the European Union are acting on this issue, i.e. how


they apply Article 23 paragraph 1 of Regulation 207/2009 / EC.


Firstly, authors are analysing the issue concerning the rights of the


licensee which has not been registered in an appropriate register has in the


event of a violation of a trademark right. The authors endeavour to reexamine


the uniqueness of acting in practice in a way that would encircle


a research process and would see flaws in the normative regulation of the


same.


Considering that in practice there are cases in which, according to Article


23, paragraph 1 of the Regulation, the courts in the Member States of the


European Union adopt different judgement, the case of the analyse is the


judgment of the European Court of Justice C-163/15.


The aim of this paper is to point out that only through an efficient system


of protection and proper implementation of the legislation, taking into


account the practice of the European Court of Justice will contribute to the


stabilization of the economic circulation of goods and services.

Published
May 21, 2019
How to Cite
SUTOVA, Milica; VLAŠKOVIC, Ksenija. LEGAL PROTECTION OF THE TRADEMARK RIGHTS IN LICENSE AGREEMENT. Proceedings of the International Scientific Conference "Social Changes in the Global World", [S.l.], v. 1, n. 5, p. 471-481, may 2019. Available at: <http://js.ugd.edu.mk/index.php/scgw/article/view/2948>. Date accessed: 15 aug. 2020.