Felchner Krzysztof, Variety denomination as an impediment to trade mark registration
Variety denomination as an impediment to trade mark registration
As a result of the reform of the EU trade mark law enacted in 2015, both the new Directive concerning trade marks (Directive 2015/2436/EU) and Regulation No. 207/2009 (as amended by Regulation No. 2015/2424) explicitly state prior variety denomination as an absolute ground for the refusal of trade mark registration. The aim of this article is to analyse those provisions, which exemplify an interesting novum in a broader historical and comparative law perspective, including the Polish law. This paper is a English – language summary of the cycle of Polish – language publications of the author, devoted to variety denomination.
1.The collision between variety denomination and trade mark as well as geographical indication in the provisions of international and EU law prior to the trade mark law reform of 2015
1.1.The UPOV Convention
In terms of international law, variety denomination is regulated relatively precisely in the UPOV Convention, an act of law concerning plant variety protection at the intellectual property law level, in Art. 20 (based on the numeration according to the second revision of this convention of 1991). In the previous versions of this Convention, namely the 1961 original...
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