Μορφές εκμετάλλευσης σήματος στις σύγχρονες συναλλαγές και προστασία του καταναλωτή
Εμπορικά σήματα -- Δίκαιο και νομοθεσία -- Ελλάδα Καταναλωτές -- Προστασία -- Δίκαιο και νομοθεσία Trademarks -- Law and legislation -- Greece Consumer protection -- Law and legislation
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Trade marks‘ functions on one hand serve so as to indicate the origin of products/services from a certain company, and on the other hand, are strictly connected with the protection of consumers who entrust the source of goods and services and that the trade-marked product/services will have the expected qualitative specifications. However, the diffusion of technology and access to the Internet, accompanied by new opportunities for marketing, and as a result, by the likelihood of confusion in trade mark law, highlight the call for protection of trade marks‘ advertising function. The reason is that, advertising may function as a device to coordinate consumer expectations of the purchasing decisions.In every aspect of the Trade mark law, appears the necessity of protecting consumers in combination with the protection of trade mark owners, as unauthorized use affects both. Particularly, trade mark owner is directly protected within the legislative frame of the Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (in Community level), an the law 2239/1994 about trade marks (in national level), whereas consumer is directly protected in the frames of the Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‗Unfair Commercial Practices Directive‘) and the law 3587/2007 for the amending of the law related to consumers‘ protection, 2251/1994. Consumers are also indirectly and reflectively protected within the trade mark law and the law of unfair competition, 146/1914.In general, consumers benefit from relying on trade marks, whereas trade mark owners should be protected in order to promote economic efficiency, as it would be unjust to allow a competitor to take and use a mark without offering some compensation to the mark owner. Trade mark‘s emancipation by company has a result the trade mark‘s disengagement from the origin of the company. For this reason, in order to provide consumers with high protection is very important to proceed in evaluation of balance between the freedom of competition and the protection of exclusive rights of trade mark owners.In the present thesis, we study in chapters A and B, the forms of exploitation of trade mark in the Community and national Law, in chapter C, the likelihood of confusion and in Chapter D the consumers‘ protection in relation with illicit commercial practices in Trade Mark Law.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", Κατεύθυνση Δημοσίου Δικαίου, 2011