NDLI: Territorial Aspects of Community Trademarks – The Single Market’s Splendid Sovereignty

Content Provider	Springer Nature Link
Author	Machnicka, Agnieszka A.
Copyright Year	2014
Abstract	Intellectual property rights are traditionally subject to the principle of territoriality, meaning that their protection is extended only to the territorial jurisdiction of the national granting authority (usually patent and trademark offices). In the light of cross-border commercial expansion that has gradually been experienced during the past few decades, and especially considering circulation of goods and services in the territory of the European Union, the principle of territoriality proved to be increasingly less beneficial in the contemporary reality than originally imagined. The system introduced by the Community trademark, which bestows upon the holder a unitary right valid throughout the entire European Union, was adopted to introduce a substantial element of uniformity to the internal market scenario. However, despite the ideals standing behind the notion and functioning of the internal market, the reality often confronts it with the differences naturally occurring between particular Member States, their market situations as well as the use and functioning of the same trademark therein. This article explores the issues of territorial coverage of trademarks within the EU and the correlation between this territorial exposure and the scope of protection offered to the right holders.
Starting Page	915
Ending Page	939
Page Count	25
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	45
Issue Number	8
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2014-11-20
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Community trademarks Principle of territoriality Unitary right EU internal market International IT and Media Law, Intellectual Property Law Genuine use Trademarks with a reputation
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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