IPRIA Seminar Series
L'Oreal and the Logic of 'Because You're Worth It':
Free Riding and European Trade Mark Law
Free public seminars in Melbourne and Sydney proudly presented by IPRIA and generously hosted by Blake Dawson.
PRESENTER:
 |
Dev S Gangjee, Department of Law, London School of Economics
|
In L'Oreal v Bellure the European Court of Justice recently decided that free riding, or taking advantage of the reputation enjoyed by an earlier mark, is actionable per se. In reaching this conclusion, the ECJ significantly expanded the scope of trade mark protection but provided little justification for doing so. Referencing activity and building on the efforts of others are fundamental to creative and competitive processes, yet the court provides little guidance on separating acceptable referencing from unacceptable. If we all borrow from each other, when is this to be prohibited and why?
This presentation maps out the issues in L'Oreal, identifies the key findings and then traces its tentative application in subsequent OHIM and national decisions. It also considers its implications for search engine related keyword advertising references currently pending before the ECJ.
Dev joined the LSE as a Lecturer in 2005, with a primary research interest in Intellectual Property. He is a graduate of the National Law School of India (BA, LLB) and the University of Oxford (BCL, DPhil), where he was a Rhodes Scholar. Dev is presently an Associate of the Oxford IP Research Centre and a Research Affiliate with IP Osgoode. He has advised both governments and law firms on intellectual property issues.
Dev's research focuses broadly on Intellectual Property, but with a special emphasis on property interests in signs and the legal regulation of communication. He's presented research on Geographical Indications in Japan, the UK, the US, China and India and is currently writing a monograph (CUP), while also editing a volume (Edward Elgar) on this subject. Additional research interests include the history of IP, collective innovation and Traditional Knowledge.
DATE: Monday 10th May 2010, 1pm (Refreshments from 12:30pm)
VENUE: Blake Dawson - Level 26, 181 William Street, MELBOURNE (map)
COST: Free of charge
DATE: Wednesday 12th May 2010, 7pm (Refreshments from 6:30pm)
VENUE: Blake Dawson - Level 36 Grosvenor Place, 225 George Street, SYDNEY (map)
COST: Free of charge
Continuing Professional Development
Professional Standards Board
The Professional Standards Board for Patent and Trade Marks Attorneys has advised that
attendance at this seminar will enable Patent and Trade Marks Attorneys to claim 1 CPE point.
The New South Wales Bar Association
NSW Barristers can claim 1 CPD point per hour of attendance at this seminar in the substantive law strand.
SEMINAR CONTACT: Michelle Wilson, IPRIA, Alan Gilbert Building, The University of Melbourne, VIC 3010
Telephone: (03) 8344 2153 Fax: (03) 8344 2111
Email: mawils@unimelb.edu.au