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UCL CLP: The Role of Legitimacy in Trade Mark Law
Thursday, November 3, 2011 at 6:00 PM (GMT)
London, United Kingdom
CURRENT LEGAL PROBLEMS LECTURE SERIES 2011-12:
The Role of Legitimacy in Trade Mark Law
Dr Ilanah Simon-Fhima
UCL Faculty of Laws
Chaired by The Rt Hon Mr Justice Floyd
on 3 November 2011, from 6-7pm
UCL Law Faculty
Bentham House, Endsleigh Gardens
London WC1H 0EG
Accredited with 1 CPD hour by the
Solicitors Regulation Authority, the Bar Standards Board, and IPReg
About this lecture:
Far from being a ‘monopoly right’, the rights granted under a trade mark equate to the exclusive right to undertake a number of activities, and to prevent others from doing the same. However, even within the scope of those exclusive rights, the Court of Justice of the European Union has attempted to demarcate between permitted and non-permitted uses of those legislatively granted exclusive rights using the tool of ‘legitimacy’.
This lecture attempts to map out the instances in which the concept of legitimacy has been used in trade mark law, and to determine when the CJEU does and does not consider a trade mark owner’s reliance on its rights to be ‘legitimate’. The lecture will also take a wider look at how legitimacy is understood in other areas of law and theory, comparing this to the CJEU’s approach in its trade mark jurisprudence.
About the speaker:
Ilanah Simon Fhima is a lecturer and co-director of the Institute of Brand and Innovation Law at UCL Faculty of Laws. Her particular research interest is in European and comparative trade mark law, with a focus on the scope of protection. She has published extensively on both European and US trade mark law on both sides of the Atlantic. Her book on European and US trade mark dilution will be published in November 2011 by Oxford University Press.
For almost 200 years, UCL Laws has been one of the leading centres of legal education in the world. Its established reputation for cutting-edge legal research places it at the heart of policy, practice and impact.
The Faculty offers an unmatched educational environment, producing high quality graduates able to confidently face the evolving challenges of the global legal landscape.
The Faculty boasts 63 leading academics engaged in teaching and research at the very highest level - actively contributing to law-making, jurisprudence and legal policy on an international scale.
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