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Intellectual Property Law in Internet Injunction Blocking: UK Trademark Cases

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Added on  2020-05-28

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INTELLECTUAL PROPERTY LAW 1 Celine 0 INTELLECTUAL PROPERTY LAW Intellectual Property Law Name of the Student Name of the University Author Note Introduction 2 European Trademark Law 2 Internet blocking injunctions 4 Internet injunction blocking: Court of Justice of the EU (CJEU) case Law 5 Internet injunction blocking: UK trademark cases 7 Conclusion 9 Introduction The advancement in internet have significantly given rise to communication challenges that are classless, wireless and borderless.

Intellectual Property Law in Internet Injunction Blocking: UK Trademark Cases

   Added on 2020-05-28

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0Running head: INTELLECTUAL PROPERTY LAWIntellectual Property LawName of the StudentName of the UniversityAuthor Note
Intellectual Property Law in Internet Injunction Blocking: UK Trademark Cases_1
1INTELLECTUAL PROPERTY LAWTable of ContentsIntroduction......................................................................................................................................2European Trademark Law...............................................................................................................2Internet blocking injunctions...........................................................................................................4Internet injunction blocking: Court of Justice of the EU (CJEU) case Law...................................5Internet injunction blocking: UK trademark cases..........................................................................7Conclusion.......................................................................................................................................9
Intellectual Property Law in Internet Injunction Blocking: UK Trademark Cases_2
2INTELLECTUAL PROPERTY LAWIntroductionThe advancement in internet have significantly given rise to communication challengesthat are classless, wireless and borderless. In addition, it has also been beneficial for the criminalactors leading to an incline in worldwide organized crimes. It is a well-established fact that themembers engaged in the commission of organized crimes use other Internet Service Providers(ISPs) as well as technological hijacking of personal computer systems to accomplish theirgoals. Despite being a mere data source, ISPs permit the carrying out of illegal activities and,further, permits illegal transactions to be carried out on their sites. Illegal trade that tends tomisuse trademark are usually referred to as trademark counterfeiting and trademark piracy. The role played by ISPs and other intermediaries in shaping the Internet has receiveduniversal recognition in the statutory instruments that regulates Intellectual property rights(IPR) on the European Union (EU) Level. In spite of considering the commission of IPRinfringements, both the national and supranational courts are signifying a trend in Europeanintellectual property where the intermediaries are obligated to implement blocking injunctionsagainst the users of their services. On one hand, there exist the interest of the IPR holders and onthe other hand, lies the right of the intermediaries to carry out their business operations freely.The rapidly growing advancement in technology and the subsequent gush of contravening actsbeing accomplished through internet, have left the legislators and he political powers with theresponsibility to harmonize and adapt to the default system causing the courts to strike balance.
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3INTELLECTUAL PROPERTY LAWEuropean Trademark LawAlthough the trademark law is not harmonized completely in the EU, it is highlyinfluenced by centralized decisions that are made by law and in practice. The TrademarkDirective that was enforced in 1989 includes provisions related to trademark law and have beenimplemented by almost all the Member states. A Community-wide trademark right (CTM) wasestablished in 1994 and was being administered by the Office for Harmonization in the InternetMarket (OHIM), located in Spain. The CTM protection is applicable to marks that areregistered and the unregistered marks are subject to the protection of the national laws ontrademark or unfair completion of the various Member states. This is because the CTM wasestablished to co-exist with the national rights that are applicable to the majority of the Memberstates. Several contested issues arising from the OHIM that has been ruled by the EUCJ and theGeneral Court are considered as authoritative statements while interpreting the provisionsstipulated in the Trademark Directive. The rulings/decisions shall also have a binding effect uponthe national registration authorities. The protection extended by the Trademark Directive fordistinguishing products or services is three-fold in the course of trade. Firstly, Article 5.1(a)safeguards against using of the identical marks in respect of identical products or services.According to Savola (2014), this protection is considered as an absolute protection but in CelineS.A.R.L. v Celine S.A [2007] E.C.R I-07041, the EUCJ has interpreted that this protection setsout a rebuttable presumption of contravention. However, this interpretation is applicable inrespect of traditional trademark law where the outcomes of absolute rules results in inconsistencywith the traditional premise of EU law and trademark law. Therefore, Rosati (2017) states that inregards to cases that deal with core trademark law such as use of competitor’s trademark with
Intellectual Property Law in Internet Injunction Blocking: UK Trademark Cases_4

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