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International projects source: SICRIS

(Multimodal) Legal Argumentation in EU Trademark Disputes

Researchers (1)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  31006  PhD Marko Novak  Law  Head  2022 - 2024  520 
Organisations (1)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  3674  MLC Management and Law College Ljubljana  Ljubljana  6423183  3,720 
Abstract
The general objective of this proposal is to learn from the legal argumentation of the General Court of the EU in EU trademark disputes, when it decides on appeals to EUIPO decisions. The first part of activities is dedicated to research. The knowledge obtained will facilite the pursuit of several special objectives, such as improving the quality of applications to protect trademarks at the national and EU level, as well as improving their management. This will be carried out through a series of lectures given to students of management and law, law, and local business persons, who are the primary ones to benefit from the project. Moreover, another specific objective is to learn from Portuguese experience of how trademark disputes are dealt with at the national level, and how the General Court's case law is followed in the said area. Also, a Serbian perspective on the matter will be considered from a comparative view. All the mentioned activities are to contribute to results expected for this project, i.e. the creation of a professional environment in which there will be less trademark disputes and those faster resolved in Slovenia, as well as reduction of appeals from Slovene applications submitted to EUIPO. Furthermore, there is another special objective in this project. According to the 2017 Trademark Regulation, "an EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds." This multimodality of signs, verbal and non-verbal, brings a new challenge for trademark registration, and potential disputes. Thus, the findings of multimodal argumentation theory could contribute to better registration and protection of such trademarks. Finally, through our Australian partner, we will also deal with an emerging area of the importance of trademarks for cyber security. The major outputs from this project will be lectures and articles.
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