Varuutstyrslar, produktens form som kännetecken.

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: In the expansion rate of the national as well as the international market, the importance of trademark has been given a central matter. The definition of what can be considered a trademark has been widened. Today’s trademark law defines a trademark as something that can be graphically reproduced. Trademarks can there for contain names, words, numbers, letters or the shape of the goods itself or the packaging. That a product can be its own trade mark states that the trade mark protection can be seen as an alternative to the patent protection which has a time limit. This makes the trademark law more suited for market competition. The trade dress conduct conflict of interests between the producer and the society because the producer is interested in making profits of his investments with legal protection. From the public, as well as the competitor’s point of view, this situation is not preferable because it may restrain the technical development and reduce the multitude of goods on the market. My conclusion is that consumers are willing to pay for exclusive products that associates with a certain producer, and therefore, with a certain lifestyle. As far as I’m concerned, this form of intellectual property protection increases the risk of a negative effect on society.

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