Abstract [eng] |
This work defines the concept of trademarks and geographical indications, highlighting the similarities and disadvantages between them. Summarizing the origin of the signs and their international regulation, the work further analyses the conflicts between trade marks and geographical indications through two dimensions, and how they correlate with each other. First of all, the case-law of the Court of Justice of the EU in interpreting the scope of protection of geographical indications is analysed, in particular by distinguishing the expanded interpretation of the concept of „restoring the image of the product“ or evocation, and then examines the theoretical justification and practical application of the concept of a sufficiently informed, reasonably observant and circumspect average European consumer. |