Prior Tempore, potior jure? Difficult relationships between geographical indications and trademarks

Based on recent regulation no. 1151/2012, the geographical indication system of the European Union allows to guarantee even name protection as an intellectual property right in the Union's territory Actually, geographical indications frequently conflict with another type of distinctive sign tha...

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Bibliographic Details
Published in:Revue du Marche Commun et de l'Union Europeenne 2013-07 (570), p.425-434
Main Author: Le Goffic, Caroline
Format: Article
Language:fre
Subjects:
Conflict
Consumers
Copyright
European Union
Judges
Law
Property, Intellectual
Regulation
Right of property
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Summary:Based on recent regulation no. 1151/2012, the geographical indication system of the European Union allows to guarantee even name protection as an intellectual property right in the Union's territory Actually, geographical indications frequently conflict with another type of distinctive sign that is covered by intellectual property law, i.e. trademarks. This study analyses the various solutions that can be considered to solve those conflicts. It appears that applicable regulations, let alone European judges, try to apply a balance between she various interests at stake, which often conflict: those of trademark holders, those of users of geographical indications, as well as those of consumers. The prior tempore, potior jure principle which is relevant when the geographical indication is senior to the trademark, should if it isn't, yield in favour of the search for pacific sign consistence. That asymmetry is justified by the difference in nature between a trademark, as the subject of an individual property right, aside geographical indication, a collective use sign. Adapted from the source document.
ISSN:0035-2616