Dr Łukasz Żelechowski of Warsaw University, spoke on the topic of "Freedom of Expression and Trade Mark Law: In Search of Legal Mechanisms for Striking a Balance" at a seminar on 20 November 2018.
The tension between protection of trade mark rights and considerations concerning freedom of expression and its limits has grown in recent years. The development of case law in this area in the EU and elsewhere has proven that there might be instances in which there is a need for an intervention taking the form of a balancing of interests of various actors at play.
The speaker examines closer two areas where such tensions are present – first, the interface between the morality/public order registration exclusion and freedom of expression and, second, the issue of balancing of competing interests on the premise of freedom of expression in the area of trade mark infringement. The analysis will focus on the EU perspective and will seek to identify and analyse the relevant legal mechanisms for striking a balance. Particular emphasis is put on the reformed legal framework in EU trade mark law, including references to freedom of expression and other fundamental rights in the preambles of the Trade Mark Directive 2015 and the EUTMR 2017.
For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk