Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/288807 
Year of Publication: 
2020
Citation: 
[Journal:] IIC - International Review of Intellectual Property and Competition Law [ISSN:] 2195-0237 [Volume:] 51 [Issue:] 4 [Publisher:] Springer [Place:] Berlin, Heidelberg [Year:] 2020 [Pages:] 529-542
Publisher: 
Springer, Berlin, Heidelberg
Abstract: 
This case note on the CJEU’s decision in Fack Ju Göhte focuses on morality bars and freedom of expression in EU trade mark law. Based on the presumption that a refusal to register a trade mark for being contrary to accepted principles of morality interferes with freedom of expression, an empirical concept of morality appears incompatible with freedom of expression. However, the test for morality developed by the CJEU seems to employ such an empirical concept at least partially. In addition, the test seems to lack legal certainty. In light of freedom of expression, both represent a potential shortcoming of the decision.
Subjects: 
Morality bars
Freedom of expression
Principles of morality
Fack Ju Göhte
Persistent Identifier of the first edition: 
Creative Commons License: 
cc-by Logo
Document Type: 
Article
Document Version: 
Published Version

Files in This Item:
File
Size





Items in EconStor are protected by copyright, with all rights reserved, unless otherwise indicated.