Tuesday, 24 March 2009

Community Trade Mark Regulation

The Community trade mark Regulation has been recast in a codified version, published in the Official Journal of the European Union (OJEU) 24.3.2009 L 78/1. Officially, this text with EEA relevance is called:

Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version).


Under the current Treaty establishing the European Community (TEC), there is no specific legal base for intellectual property rights, so the Regulation is based on the so called flexibility clause, Article 308 TEC with its requirement of unanimity.

The Treaty of Lisbon would improve matters by enabling the European Union to create European intellectual property rights in accordance with the ordinary legislative procedure, with the exception of language arrangements still needing Council unanimity (Article 118 of the Treaty on the Functioning of the European Union; TFEU).

Ralf Grahn