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Is the concept of ‘Genuine use in the Community’ for the purposes of a Community Trade Mark, capable of being assimilated to the definition of ‘Relevant Market’ in EU Competition Law?

Vehviläinen, Tatu LU (2014) JAEM03 20141
Department of Law
Abstract
The relationship between intellectual property and competition law gives an excellent
contrast into how competing legal principles may work harmoniously and need not be
viewed in conflict. Consequently, applying principles from one field may benefit the
application of another.
In respect of this and following the Court of Justice of the European Union’s recent
ruling in Leno Merken, an application of the principles relating to the relevant market in
competition law may aid the application, implementation and protection of Community
Trade Marks. This paper examines the possibility of transposing a test for relevant
market in competition law to the concept of genuine use on the market concerned for
the purposes of a Community Trade... (More)
The relationship between intellectual property and competition law gives an excellent
contrast into how competing legal principles may work harmoniously and need not be
viewed in conflict. Consequently, applying principles from one field may benefit the
application of another.
In respect of this and following the Court of Justice of the European Union’s recent
ruling in Leno Merken, an application of the principles relating to the relevant market in
competition law may aid the application, implementation and protection of Community
Trade Marks. This paper examines the possibility of transposing a test for relevant
market in competition law to the concept of genuine use on the market concerned for
the purposes of a Community Trade Mark. (Less)
Please use this url to cite or link to this publication:
author
Vehviläinen, Tatu LU
supervisor
organization
course
JAEM03 20141
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Competition law, Relevant Market, Community Trade Mark, European Union Law, Intellectual Property, IP, Trade Mark, Corresponding Market
language
English
id
4460242
date added to LUP
2014-06-11 10:18:20
date last changed
2014-06-11 10:18:20
@misc{4460242,
  abstract     = {{The relationship between intellectual property and competition law gives an excellent
contrast into how competing legal principles may work harmoniously and need not be
viewed in conflict. Consequently, applying principles from one field may benefit the
application of another.
In respect of this and following the Court of Justice of the European Union’s recent
ruling in Leno Merken, an application of the principles relating to the relevant market in
competition law may aid the application, implementation and protection of Community
Trade Marks. This paper examines the possibility of transposing a test for relevant
market in competition law to the concept of genuine use on the market concerned for
the purposes of a Community Trade Mark.}},
  author       = {{Vehviläinen, Tatu}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Is the concept of ‘Genuine use in the Community’ for the purposes of a Community Trade Mark, capable of being assimilated to the definition of ‘Relevant Market’ in EU Competition Law?}},
  year         = {{2014}},
}