Η νομική προστασία των σημάτων υπό το πρίσμα της οικονομικής ανάλυσης του δικαίου

Abstract

The main objective of this thesis is to summarize the legal protection of trademarks underthe influence of the economic analysis of law. There is no doubt that the current economicreality emerges as a crucial factor in the development of various legal areas, one of them beingthat of the trademark law. The economic analysis of law represents a method of examining theeconomic role of trademarks and assessing how successful this role appears to be.As far as the contents of this essay are concerned, the first chapter deals with the indispensability,scope, duration and degree of success of the legal protection of trademarks, in additionto the protection of generic names. The second chapter presents the complex relationshipbetween the economic analysis of law and trademark law by examining the impact that the formerbestows upon the intellectual property law. The economic role of trademarks, their potentialsocial costs, their effectiveness and their informational effects are also being thoroughly examinedin this chapter. Furthermore, in chapter three, the current thesis analyses the three fundamentalfunctions of trademarks in relation to the economics of trademark law, by looking into thecase law of the Court of Justice of the European Union, as well as that of the Greek courts. Inchapter four, I examined how the acquisition and the use of trademarks call for their legal protectionin case two similar marks appear in the same market. This common phenomenon cancause confusion and dilution to the minds of the consuming public, something that could diminishthe distinctiveness of trademarks. Hence, the economic function of trademarks, viewed byan economic perspective, is threatened. Finally, the fourth chapter also focuses on the advertisingfunction of trademarks, the connection with the consumers and the possible distortions ofcompetition, as an effect of the policies of undertakings-trademark holders.