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Dissertation
Immaterialgüter- und Wettbewerbsrecht

Strategizing the Game Plan of Trade Mark Harmonisation: Conflicts to Co-Existence of Use

Trade mark law’s applicability has become more distinguished. Infringement proceedings can be brought against trade mark uses on non- competing goods or against uses for other purposes than to identify goods or services as originating from the alleged infringer, such as nominative or referential use. This may lead to legal battles with potential high error cost resulting from pro-plaintiff verdicts, and it calls for attention in terms of balancing monopoly rights and fair competition. The project intends to use a game theoretic model to explain the economic implications of a broadening of the trade mark use concept that includes such modes of use into the ambit of trade mark law.

Letzte Änderung: 01.06.12

Game theory analyses strategic situations, or games, in which an individual's success in making choices depends on the choices of others. It studies the ways in which strategic interactions among economic agents produce outcomes with respect to the preferences (or utilities) of those agents, where the outcomes in question might have been intended by none of the agents .

Game theory is a high browed sport of decisive decision making. In order to work out a game theoretic model every advantage and disadvantage involved in the game must be quantified on a scale of values so that one can be weighed against the other . On the basis of this scale the players need to play rationally by making a right choice from the set the options available to him or her. Applying the same strategic analogy the decision making process for intellectual property right owners and the users of rights (whether legitimate or illegitimate) involves a careful weighing the cost balance of success and failures. Knowing the right move is essential for the success of trade mark use. Game theoretic concepts are perfectly suited for the owners, users and the legislator in framing out the standardized policy for harmonising each one of their needs.

RESEARCH OBJECTIVE

The manner of applicability of game theory has not yet been fully analysed in the arena of trademark laws though it has found applicability in many other areas of science technology and mathematics. The objective of the research is to find out if in applying an organised strategy, problems and confusions faced under the trade mark law could be resolved.

This proposal looks firstly at the various aspects of trademark law specially the problems faced in its harmonisation around the world. Secondly it studies the possibility and problems of applying game theoretic concepts to trade mark law. Thirdly it tends to harness the conclusions for evolving new directions in trade mark harmonisations around the world. Lastly it is also the aim of this research to use the game theoretic framework to trade mark coexistence contracts/ (other possibly solutions).

Personen

Doktorand/in

Neethu Rajam

Forschungsschwerpunkte

Funktionen, Zielsetzungen, Werte und Wertungskriterien