Humour and Intellectual Property Law

Trademark Parody Perspective in the Czech Republic

Vol.18,No.1(2024)

Abstract

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 expressionthat is generally protected by freedom of expression. Although copyright law hasa statutory exception for caricature, parody, and pastiche, no such exception existsin 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 assessmentof parody in both copyright and trademark law in the EU and Czech law. Then itexamines the peculiarities of the trademark law approach and with the help of Germanlandmark cases, highlights the possibilities for the treatment of trademark parody inthe Czech Republic. The outcomes may apply to closely related laws throughoutthe EU territory.


Keywords:
Humour; Parody; Copyright; Trademark; Freedom of Expression

Pages:
27–61
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