iusNet Intellectual Property

trademark parody

The right to parody at the intersection between freedom of expression and trademark law: an analysis of the legal framework of the European Union and Switzerland

Articles thématiques
Markenrecht
Growing tensions between intellectual property rights and human rights are best illustrated through trademark parody, which has recently been the subject of contradictory judgments in Europe. Although there is a parody “exception” in copy­right legislation, should lawmakers follow the same route with respect to trademark law and recognise it as a genuine “right” instead of referring to it as a mere “exception”?
sic! 05/2020