Journal Article

Trade marks are ‘possessions’—but applications are not (yet)

Goebel Burkhart

in Journal of Intellectual Property Law & Practice

Volume 1, issue 4, pages 240-242
Published in print March 2006 | ISSN: 1747-1532
Published online February 2006 | e-ISSN: 1747-1540 | DOI:
Trade marks are ‘possessions’—but applications are not (yet)

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In its decision of 11 October 2005 the European Court of Human Rights (ECHR) ruled that a registered trade mark was a ‘possession’ within the meaning of Article 1 of the First Protocol to the European Convention on Human Rights. The ECHR failed, however, to extend this level of protection to the particular trade mark application at issue, thereby leaving the protection of intellectual property rights as fundamental rights somewhat incomplete for the time being.

Journal Article.  1379 words. 

Subjects: Arbitration ; Intellectual Property Law

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