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Trade mark licensing in England and Greece : a comparative approach

Psarras, Alkiviadis C. (1993) Trade mark licensing in England and Greece : a comparative approach. Doctor of Philosophy (PhD) thesis, University of Kent. (doi:10.22024/UniKent/01.02.94589) (KAR id:94589)

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Language: English


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Official URL:
https://doi.org/10.22024/UniKent/01.02.94589

Abstract

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.

Item Type: Thesis (Doctor of Philosophy (PhD))
DOI/Identification number: 10.22024/UniKent/01.02.94589
Additional information: This thesis has been digitised by EThOS, the British Library digitisation service, for purposes of preservation and dissemination. It was uploaded to KAR on 25 April 2022 in order to hold its content and record within University of Kent systems. It is available Open Access using a Creative Commons Attribution, Non-commercial, No Derivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) licence so that the thesis and its author, can benefit from opportunities for increased readership and citation. This was done in line with University of Kent policies (https://www.kent.ac.uk/is/strategy/docs/Kent%20Open%20Access%20policy.pdf). If you feel that your rights are compromised by open access to this thesis, or if you would like more information about its availability, please contact us at ResearchSupport@kent.ac.uk and we will seriously consider your claim under the terms of our Take-Down Policy (https://www.kent.ac.uk/is/regulations/library/kar-take-down-policy.html).
Uncontrolled keywords: Law
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: SWORD Copy
Depositing User: SWORD Copy
Date Deposited: 12 Jul 2023 10:51 UTC
Last Modified: 16 Jul 2023 10:56 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/94589 (The current URI for this page, for reference purposes)
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