ARTICLE 10 ECHR: FREEDOM OF EXPRESSION IN THE CONTEXT OF TRADEMARKS

Abstract

The paper analyses the significant proactive role of the European Court of Human Rights (ECtHR) in the resolution of intellectual property disputes in the past few decades. In the examination of the relationship between fundamental rights and intellectual property, the authors focus on the complex and often complicated relation between the right of freedom of expression and the right to trademark protection. The main focus is on the conflict between the trademark rights granted to right holders and the use of their trademarks by third parties as part of their freedom of expression. The recent trend of development of modern functions of trademarks has created additional challenges for the capability of the Article 10 ECHR to sufficiently protect expressive uses. The paper explores ECtHR jurisprudence that reflects the conflict of these rights.