Informace o publikaci
Applicable Law in Infringements of the Right to a Trade Name
| Autoři | |
|---|---|
| Rok publikování | 2021 |
| Druh | Článek ve sborníku |
| Konference | EU Intellectual Property (Innovations and Intellectual Property in Various Fields of Human Life) |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | Open access sborníku |
| Klíčová slova | trade name; infringement; applicable law; Rome II |
| Popis | 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. |