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Thesis

Putting functions in context: reconceptualising the scope of trade mark infringement

Abstract:

The functions theory developed by the CJEU continues to be one of the most contentious issues in contemporary European trade mark law. In this thesis, I propose a more coherent reading of the CJEU jurisprudence; the functions theory may deliver a more transparent process of reasoning, allowing infringement assessment to engage with normative choices (or internalise policy concerns), which a conventional industrial property model otherwise fails to grasp. But these benefits can be attained ...

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Author

Contributors

Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Supervisor
Department:
IIT Chicago-Kent College of Law
Role:
Examiner
Department:
Ludwig-Maximilians-Universität München
Role:
Examiner
Type of award:
DPhil
Level of award:
Doctoral
Awarding institution:
University of Oxford
Keywords:
Subjects:
UUID:
uuid:e9a66d05-5750-40d2-bd95-a3b800125db5
Deposit date:
2019-07-17

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