Trademark Transactions in EU Law – Refining the Approach to Selective Distribution Networks and National Unfair Competition Law
Given the rudimentary nature of the current set of EU rules, the regulation of trademark transactions in the EU depends on a harmonious interplay of harmonized EU law on the one hand, and individual national laws on the other. This configuration of the system places a particular responsibility on the Court of Justice of the European Union. Interpreting harmonized EU rules, the Court ought to consider the impact of its decision on the proper functioning of national law. An overambitious approach seeking to maximize the harmonizing effect of the rudimentary set of EU norms will almost inevitably lead to unsatisfactory results. After a short overview of EU objects of property rules and present amendment proposals, two decisions of the CJEU will be brought into focus to illustrate this point. The decision in Copad/Dior gives rise to concerns about harmonized rules in the Trade Mark Directive becoming a straitjacket offering insufficient breathing space for the reconciliation of licensor, licensee and third party interests, while the case Martin Y Paz/Depuydt sheds light on the potential corrosive effect on national unfair competition law. The analysis shows the structural deficiencies of the current EU system and the need for additional fine-tuning based on both EU and national norms.
Adapting EU Trademark Law to New Technologies - Back to Basics?
In recent years, the Court of Justice of the European Union (CJEU) has continuously expanded the scope and reach of trademark protection in the EU. With the challenges arising in the digital environment, however, this expansionist approach becomes more and more questionable. The current problems arising from keyword advertising shed light on areas of overbroad, excessive trademark protection created by the Court. Moreover, inconsistencies in the Court's system of infringement criteria clearly come to the fore. Against this background, the present analysis explores ways out of the dilemma. After a short introduction of basic notions of trademark law (section 1), the problematic expansion of trademark protection in recent years (sections 2 and 3), and current problems arising in the digital environment (section 4), will be analyzed in more detail. Addressing potential solutions, it will be argued that in spite of current difficulties, it would be naive to assume that the Court is prepared to restrict the scope of EU trademark law to traditional protection against confusion with only minor extensions concerning dilution (section 5). Instead, the need for an appropriate, more flexible limitation infrastructure will be emphasized (section 6 and concluding section 7).
A New Vacuum Pressure Infiltration CFRP Method and Preparation Experimental Study of Composite
In order to prepare a carbon-fiber-reinforced polymer composite (CFRP) with ideal microstructure and properties, a new vacuum pressure infiltration CFRP method is proposed based on an analysis of existing CFRP preparation process methods. Research on composite material preparation systems was carried out by using this new method principle. The system mainly includes a fiber pre-forming module, a vacuum heating infiltration module, a hot-press curing molding module, and a data acquisition control module. Under the conditions of natural curing at 0 MPa + 6 h + 25 °C, vacuum heating curing at –0.05 MPa + 30 min + 80 °C, and hot-press curing at 0.7 MPa + 5 min + 50 °C, a two-dimensional (2D) CFRP with excellent microstructure and properties was successfully prepared. Observing the microstructure of the prepared composite material, it can be found that the inside of the composite material was sufficiently and uniformly infiltrated, and common preparation defects such as holes and delamination were effectively controlled. Through the performance test, the bending strength of the material reached 790 MPa.