Invoking Copyright in Trademark and Design Matters

• Jurisdiction: European Union
• Author: Enikő Karsay

Speaker

Dr. Enikő Karsay is a partner at SBGK Attorneys at Law and Patent Attorneys, where she also serves as a member of the Board. With over 20 years of experience, Enikő advises clients from various sectors on a range of legal matters including intellectual property law, competition law, civil law, pharma law, and litigation. She provides day-to-day legal assistance to multinational companies, drafts NDAs, internal regulations, distribution agreements, handles complaints, and assists clients in examinations at GVH (Hungarian Competition Authority).

Enikő also specializes in the maintenance of trademark portfolios, presentations on counterfeit products for custom officers, and offers legal advice to protect clients' intellectual property rights. Enikő is a registered copyright expert with the Hungarian Intellectual Property Office since 2004 and is a member of the Body of Expert of Copyright. She is also a regular lecturer within a one-year master-level accredited program in English at the Faculty of Law of the Károli Gáspár University.

Topic

The e-presentation in question focuses on exploring the complex relationship between copyright and trademark law, particularly in situations where copyright is in conflict with trademark registration. It also delves into the principle of cumulative protection of design and copyright is also explained in the light of the CJEU ruling in Brompton Bicycle (C-833/18).

One of the key issues addressed in the e-presentation is the conflict that can arise between copyright and trademark law when it comes to protecting creative works. In some cases, copyright may be recognized as an earlier right, which can prevent or oppose trademark registration. On the other hand, copyright can also be recognized as a relative ground for invalidity under EU trademark law. This means that if a trademark is found to infringe upon a copyright, the trademark registration may be declared invalid. This can occur when a trademark is used in a way that is too similar to a copyrighted work, leading to confusion or dilution of the copyrighted work.

The principle of cumulative protection of design and copyright is another important...