Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation

This thesis seeks to determine whether or not the inclusion of an explicit parody exception would be beneficial for EU trade mark law. The thesis presents all the variables that need to be taken into account in the decision, putting a special emphasis in the importance of considering the negative ef...

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Bibliographic Details
Main Author:	Carmona López, Marta
Format:	Others
Language:	English
Published:	Uppsala universitet, Juridiska institutionen 2019
Subjects:	Trade mark law freedom of expression European Union trade mark owner trade mark parodist parody consumer society economic efficiency. Law Juridik
Online Access:	http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-385531

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spelling	ndltd-UPSALLA1-oai-DiVA.org-uu-3855312019-07-02T09:59:01ZShould European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputationengCarmona López, MartaUppsala universitet, Juridiska institutionen2019Trade mark lawfreedom of expressionEuropean Uniontrade mark ownertrade markparodistparodyconsumersocietyeconomic efficiency.LawJuridikThis thesis seeks to determine whether or not the inclusion of an explicit parody exception would be beneficial for EU trade mark law. The thesis presents all the variables that need to be taken into account in the decision, putting a special emphasis in the importance of considering the negative effects that a hypothetical inclusion can have on the consumers of the parodied reputed trade marks as this variable has been widely disregarded among scholars. Moreover, in this thesis it is considered that an explicit inclusion of the parody exception in EU trade mark law might be recommended for cases of non-commercial expression and mixed expression but not for cases of merely commercial expression. Student thesisinfo:eu-repo/semantics/bachelorThesistexthttp://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-385531application/pdfinfo:eu-repo/semantics/openAccess
collection	NDLTD
language	English
format	Others
sources	NDLTD
topic	Trade mark law freedom of expression European Union trade mark owner trade mark parodist parody consumer society economic efficiency. Law Juridik
spellingShingle	Trade mark law freedom of expression European Union trade mark owner trade mark parodist parody consumer society economic efficiency. Law Juridik Carmona López, Marta Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation
description	This thesis seeks to determine whether or not the inclusion of an explicit parody exception would be beneficial for EU trade mark law. The thesis presents all the variables that need to be taken into account in the decision, putting a special emphasis in the importance of considering the negative effects that a hypothetical inclusion can have on the consumers of the parodied reputed trade marks as this variable has been widely disregarded among scholars. Moreover, in this thesis it is considered that an explicit inclusion of the parody exception in EU trade mark law might be recommended for cases of non-commercial expression and mixed expression but not for cases of merely commercial expression.
author	Carmona López, Marta
author_facet	Carmona López, Marta
author_sort	Carmona López, Marta
title	Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation
title_short	Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation
title_full	Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation
title_fullStr	Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation
title_full_unstemmed	Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation
title_sort	should european trade mark law include an explicit parody exception as a limitation to trade mark rights? : a focus on consumers of trade marks with reputation
publisher	Uppsala universitet, Juridiska institutionen
publishDate	2019
url	http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-385531
work_keys_str_mv	AT carmonalopezmarta shouldeuropeantrademarklawincludeanexplicitparodyexceptionasalimitationtotrademarkrightsafocusonconsumersoftrademarkswithreputation
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Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation

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