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Journal of Intellectual Property Law & Practice Advance Access published online on March 9, 2006
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpl024
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© The Author (2006). Published by Oxford University Press. All rights reserved.

Article

Human rights and trade mark rights

Alan Fiddes 1
1 Partner, Urquhart-Dykes & Lord LLP


  Abstract

Legal context. For some time the UK Trade Marks Registry has refused to register trade marks which consists of the name of a well known individual. This article examines whether the practice is permissible, not in the terms of intellectual property law but whether it is in contravention of the applicant's human rights.

Key points. Looking at the application of the Human Rights Act in the United Kingdom, the article asks how it could apply to an intellectual property case, concluding that the Trade Mark Registry is clearly a "public authority" and that there are a number of ways in which current practice in respect of well known individuals could be said to infringe their human rights.

Practical significance. It remains to be seen what the Registry's response will be to such arguments, and whether it might in the future be possible to obtain protection for the name of a celebrity.


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