LEGAL PROTECTION OF THE TRADEMARK RIGHTS IN LICENSE AGREEMENT

Аннотация

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.