| Abstract [eng] |
This master thesis provides the analysis of protection of religious symbols as part of public policy and morality in trademark law and advertising law. The thesis consists of three parts. First part presents cohesion between religion, law and morality and relationship between morality and public policy. First part findings are: with regard to separation of state and church constitutional principle, religion can not directly affect secular law, however, religion can make influence to secular law over morals principles. Also public morality should be interpreted as part of public policy, because universal morality does not exist. So protection of religious symbols is a part of public policy in this master thesis context. Second part focuses on analysis of Lithuania Law on Advertising and Trademark law norms related with protection of religious symbols. Following the evaluation of Europe Union acts, other countries regulation and Lithuania laws travaux préparatoires, is concluded that protection of religious symbols is not separate ground of refusal trademarks registration or prohibition of advertising, but protection of religious symbols is part of public policy and morality as a ground of refusal trademark registration or prohibition of advertising. Third section focuses on the practice of Lithuania, international, European Union and other countries national court or authorities examining cases regarding refusal to register trademark or prohibition of advertising contrary to protection of religious symbols. In this part author reveals the main criteria to trademark or advertising examination and problem aspects of cohesion between protection of religious symbols and freedom of expression. |
