Humour and Intellectual Property Law: Trademark Parody Perspective in the Czech Republic

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Authors

JEŽEK Michal

Year of publication 2024
Type Article in Periodical
Magazine / Source Masaryk University Journal of Law and Technology
MU Faculty or unit

Faculty of Law

Citation
Web Open access článku
Doi http://dx.doi.org/10.5817/MUJLT2024-1-2
Keywords Humour; Parody; Copyright; Trademark; Freedom of Expression
Attached files
Description This article discusses the issue of humour in the context of intellectual property law, with a focus on parody in trademark law. Parody is a form of humorous expression that is generally protected by freedom of expression. Although copyright law has a statutory exception for caricature, parody, and pastiche, no such exception exists in trademark law. Therefore, parody must be treated differently in this area of law. The article first introduces the legal position of parody and discusses the assessment of parody in both copyright and trademark law in the EU and Czech law. Then it examines the peculiarities of the trademark law approach and with the help of German landmark cases, highlights the possibilities for the treatment of trademark parody in the Czech Republic. The outcomes may apply to closely related laws throughout the EU territory.
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