Əqli Mülkiyyət Hüququ
Trademark infringement ın Azerbaijani, Turkish And European Union law: evolving legal standards and judicial approaches
Xülasə
This research analyzes the essence and main elements of trademark infringement, with particular attention to contemporary theoretical approaches in Azerbaijani, Turkish and European Union doctrine. The study aims to assess how the scope of trademark protection has developed beyond the traditional function of indicating commercial origin and the risk of consumer confusion. A comparative doctrinal and case-law analysis is employed, focusing on relevant decisions of the Court of Justice of the European Union, the Supreme Court of the Republic of Azerbaijan and the Supreme Court of Türkiye. The analysis demonstrates that contemporary trademark protection may extend to the protection of distinctive character, reputation and other functions of a mark, including advertising, investment and communication functions, where the relevant legal conditions are satisfied. Particular attention is given to the protection of marks with a reputation and to emerging forms of infringement in the digital environment, including domain-name registration, keyword advertising and the marketing of potentially infringing or counterfeit goods through online platforms. The study also considers specific issues concerning trade name use, comparative advertising, parallel imports and the transit of goods. The comparative analysis of selected CJEU, Azerbaijani and Turkish Supreme Court decisions illustrates the practical application of these approaches and the continuing effort to balance trademark protection with freedom of competition and legitimate commercial activity. The study contributes to the understanding of modern trademark infringement by demonstrating its increasingly multifunctional character and its adaptation to digital and global commercial practices.
Açar sözlər
trademark infringement, trademark functions, marks with a reputation, online marketplaces, likelihood of confusion, keyword advertising, cybersquatting, judicial practice.