From the point of view of third parties vis-à-vis trademark owners, infringement defences consist of asserting grounds that justify a legitimate act involving the use of a registered trademark without authorisation. They make it possible to protect third parties’ freedom to operate. From the point of view of holders of trademark rights, infringement defences constitute limitations or derogations to the rights conferred by the trademark registration.

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Trademark Infringement Defences

  • Shujie Feng

摘要

From the point of view of third parties vis-à-vis trademark owners, infringement defences consist of asserting grounds that justify a legitimate act involving the use of a registered trademark without authorisation. They make it possible to protect third parties’ freedom to operate. From the point of view of holders of trademark rights, infringement defences constitute limitations or derogations to the rights conferred by the trademark registration.