Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Title 1: Introduction
Title 2: Elements of a trademark
Title 3: Acquisition of property right in the mark
Chapter 1: Exclusive right
A: Placing of genuine products on the market in the EEA
B: Placing on the market by the proprietor or with his/her consent
II: Exception
Section 2: Exceptions to the exclusive right
Title 5: Exploitation and transfer of the trademark
Title 6: Collective and guarantee marks
Title 7: Protection of the mark
Title 8: Loss of trademark rights
Title 9: Geographical indications
Part 3: Patents
Part 4: Designs
114. Proof
1 minute de lecture
The burden of proof is on the person claiming exhaustion of trademark rights , which means that that person must show that each and every copy of the goods in question has been put on the market in the EEA by the proprietor of the trademark or with his consent . On the other hand, the burden of proof is on the proprietor of the trademark to prove that, if the person claiming exhaustion proves that …
