Commercialization of IP – Law.
(European Commission, Case AT. 40433 – Film merchandise, C(2020) 359 final, para. 90)
Critically discuss this statement, reflecting upon the functions of trade marks and the interaction between trade mark law and EU competition law.
When are trade mark protection and competition reinforcing and complementing each other? When are both in tension with each other?
How do trade mark and EU competition law address and resolve these tensions?
What is the role of the distinction between the existence and the exercise of the trade mark rights in this respect?
Is the case law of the EU courts and the European Commission drawing the right balance between trade mark protection, innovation and competition?
Support your discussion with concrete examples from the relevant case law, legal guidance
papers and academic literature.