Applicable Law in Infringements of the Right to a Trade Name

D 2021

Applicable Law in Infringements of the Right to a Trade Name

PULLMANNOVÁ, Helena

Basic information

Original name

Applicable Law in Infringements of the Right to a Trade Name

Authors

PULLMANNOVÁ, Helena (203 Czech Republic, guarantor, belonging to the institution)

Edition

1. vyd. Nitra, EU Intellectual Property (Innovations and Intellectual Property in Various Fields of Human Life), p. 155-157, 3 pp. 2021

Publisher

Slovak University of Agriculture in Nitra

Other information

Language

English

Type of outcome

Proceedings paper

Field of Study

50501 Law

Country of publisher

Slovakia

Confidentiality degree

is not subject to a state or trade secret

Publication form

electronic version available online

References:

Open access sborníku

RIV identification code

RIV/00216224:14220/21:00121914

Organization unit

Faculty of Law

ISBN

978-80-552-2339-1

Keywords (in Czech)

obchodní jméno; porušení; právo rozhodné; Řím II

Keywords in English

trade name; infringement; applicable law; Rome II

Abstract

In the original language

When the entrepreneur's right to his trade name is violated, it is important to know answers to the questions under the law of which state claims of this way the injured entrepreneur (i.e., from non-contractual obligation) will be assessed and for which related questions thus determined law is decisive as well. These issues are mainly analyzed in the light of the Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non contractual obligations (Rome II) and attention is beside other things also paid to the issue of the mosaic way of determining application law(s), especially the issue how to deal with the question whether the infringement, which was committed online, was committed on the territory of a particular state. Subsequently, the criteria formulated in the Rome II are compared with the criteria listed in the CLIP Principles (soft law) for the purpose to determine how much is the European Union point of view different from the (European) academic point of view. For the sake of completeness, the presentation mentions situations where the Rome II is not used to ascertain the applicable law. There in detail, the rules for determining applicable law under Czech law are analyzed. Moreover, the presentation is introduced with a general consideration of the importance of classifying the "examined conduct" under lex fori as a legal act which sets a non contractual obligation arising from the infringement of the right to the trade name.

Cite

PULLMANNOVÁ, Helena. Applicable Law in Infringements of the Right to a Trade Name. Online. In Jarmila Lazíková (ed.). EU Intellectual Property (Innovations and Intellectual Property in Various Fields of Human Life). 1st ed. Nitra: Slovak University of Agriculture in Nitra, 2021, p. 155-157. ISBN 978-80-552-2339-1.

@inproceedings{1781817,
   author = {Pullmannová, Helena},
   address = {Nitra},
   booktitle = {EU Intellectual Property (Innovations and Intellectual Property in Various Fields of Human Life)},
   edition = {1},
   editor = {Jarmila Lazíková (ed.)},
   keywords = {trade name; infringement; applicable law; Rome II},
   howpublished = {elektronická verze "online"},
   language = {eng},
   location = {Nitra},
   isbn = {978-80-552-2339-1},
   pages = {155-157},
   publisher = {Slovak University of Agriculture in Nitra},
   title = {Applicable Law in Infringements of the Right to a Trade Name},
   url = {https://d6scj24zvfbbo.cloudfront.net/cf9b03afde270aa4997d7e83038eac02/200000035-633b1633b3/EU%20Intellectual%20property%202021.pdf?ph=42553152ec},
   year = {2021}
}

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ID  - 1781817
AU  - Pullmannová, Helena
PY  - 2021
TI  - Applicable Law in Infringements of the Right to a Trade Name
PB  - Slovak University of Agriculture in Nitra
CY  - Nitra
SN  - 9788055223391
KW  - trade name
KW  - infringement
KW  - applicable law
KW  - Rome II
UR  - https://d6scj24zvfbbo.cloudfront.net/cf9b03afde270aa4997d7e83038eac02/200000035-633b1633b3/EU%20Intellectual%20property%202021.pdf?ph=42553152ec
N2  - When the entrepreneur's right to his trade name is violated, it is important to know answers to the questions under the law of which state claims of this way the injured entrepreneur (i.e., from non-contractual obligation) will be assessed and for which related questions thus determined law is decisive as well. These issues are mainly analyzed in the light of the Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non contractual obligations (Rome II) and attention is beside other things also paid to the issue of the mosaic way of determining application law(s), especially the issue how to deal with the question whether the infringement, which was committed online, was committed on the territory of a particular state. Subsequently, the criteria formulated in the Rome II are compared with the criteria listed in the CLIP Principles (soft law) for the purpose to determine how much is the European Union point of view different from the (European) academic point of view. For the sake of completeness, the presentation mentions situations where the Rome II is not used to ascertain the applicable law. There in detail, the rules for determining applicable law under Czech law are analyzed. Moreover, the presentation is introduced with a general consideration of the importance of classifying the "examined conduct" under lex fori as a legal act which sets a non contractual obligation arising from the infringement of the right to the trade name.
ER  -

PULLMANNOVÁ, Helena. Applicable Law in Infringements of the Right to a Trade Name. Online. In Jarmila Lazíková (ed.). \textit{EU Intellectual Property (Innovations and Intellectual Property in Various Fields of Human Life)}. 1st ed. Nitra: Slovak University of Agriculture in Nitra, 2021, p.~155-157. ISBN~978-80-552-2339-1.

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