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Gustavo Ghidini – Shape trade-marks and competition

Public Lecture – Thursday 8 March 2018, 18:00, Room EB306

The exercise of trademark rights relating to shapes may have a negative impact on competition in relevant markets. The materialization of this impact, and hence the conflict with the essentially pro-competitive vocation of a trademark’s fundamental distinctive function, especially  relates to three-dimensional shapes, in particular those “intrinsic” to  the finished product itself, or the form of its packaging when the product does not or cannot have a three-dimensional shape, like in the case of liquids.

The Lecture addresses the competition-related issues arising from the registrability of three-dimensional shapes of industrial products, in light of the European legal framework and the systemic dystopias and over-protectionist consequences stemming from the coexistence of trademark and registered design protection. It presents an interpretative solution capable of overcoming such impasse in a pro-competitive perspective.

Professor Ghidini is Chair of Intellectual Property and Competition Law at the University of Milan, and professor of IP and Competition at LUISS University, Rome, where he is also the founder and Director of the Osservatorio di Proprietà intellettuale Concorrenza e Comunicazioni. He is Past President (2005-2007) of ATRIP.


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