Is the case law of the EU courts and the European Commission drawing the right balance between trade mark protection, innovation and competition?Discuss
Description In the recent Case AT. 40433 – Film merchandise involving the legality of licensing agreements covering trade marks and other IP rights under Art. 101 TFEU, the European Commission stated the following: ‘In Consten and Grundig, the Court established a distinction between the existence and the exercise of intellectual property rights with regard to […]