Record Details

Registration of Works belonging to the Public Domain as Trademarks

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title Registration of Works belonging to the Public Domain as Trademarks
 
Creator Szatkowska, Ewelina
 
Subject Copyright
Cultural Heritage
Intellectual Property System
Public Domain
Trademark
 
Description 422-431
The article addresses the issue of the increasingly frequent registration of public domain works as trademarks, points out
the practical implications of such registrations, and acknowledges the conflicting decisions with respect to the same form of
trade mark applied for, depending on whether it is the decision of the patent offices of the EU member states (or other than
the EU regional systems) or the EU Intellectual Property Office. The analyzed topic should be considered in the context of
the depletion of the public domain, the restriction of the freedom to use cultural goods, as well as the threat to the institution
of the trademark itself. Thus, the admissibility of this type of registration should be carefully considered each time, taking
into account the role played by the public domain, the motivation of the entity applying for such a trademark and a
noticeable conflict of two systems: Copyright and Industrial Property Law.
 
Date 2023-09-25T11:17:47Z
2023-09-25T11:17:47Z
2023-09
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/62589
https://doi.org/10.56042/jipr.v28i5.836
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.28(5) [Sep 2023]