Trade mark licensing in England and Greece : a comparative approach

This is a comparative study of trade mark licensing in English and Greek law.

Trade mark licensing is an activity which is fully compatible with the origin theory of trade marks. This theory is followed in both systems we examine. The understanding of the underlying theory of trade marks is necessary in order to understand the function of licensing, the conditions set by the law and the extent to which licensing is allowed. Ultimately the comparison made does not reveal considerable differences between the two legal systems. The English law seems to be rather more liberal, but in both legal systems there is room for alterations towards simplifying the procedure of licensing without endangering the ability of the trade mark to indicate a single source. Such alterations are proposed. Following the EC Directive and the White Paper, English law seems to be nearer to making such alterations. On the contrary no such sign is visible in Greek law.

The two legal systems differ substantially regarding licensing of unregistered trade marks. This is due to the fact that the tort of passing off protects goodwill while in Greece the Unfair Competition Act protects the ability to indicate origin and reputation. The comparison of the different attitudes, and especially of goodwill and reputation, is necessary in order to understand the differences between the two systems and their ability to respond to new challenges such as merchandising etc. At this point no indication of harmonisation exists as no tort of unfair competition seems to be developing in England.