Where copyright ends, trade mark may begin: the EFTA Court allows relay races of intellectual property rights over artworks
Journal of Intellectual Property Law and Practice
Oxford University Press
© The Author(s) 2017. Published by Oxford University Press. All rights reserved.
Reason for embargo
Case E-5/16, Municipality of Oslo, EFTA, 6 April 2017. In April 2017, the EFTA Court confirmed that out-of-copyright works can be registered as trade marks without - in principle - being in breach of the public policy or morality exclusions, as long as the sign is neither descriptive nor lacking distinctiveness.
This is the author accepted manuscript. The final version is available from OUP via the DOI in this record.
Vol. 12 (8), pp. 631–633