Keywords
Summary

Keywords

COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - TRADE MARK LAW - DELIMITATION AGREEMENTS IN RESPECT OF SIMILAR TRADE MARKS - PERMISSIBLE IN PRINCIPLE - APPLICATION OF ARTICLE 85 OF THE TREATY - CRITERIA - RESTRICTIONS ON COMPETITION

( EEC TREATY , ART . 85 )

Summary

EVEN THOUGH IT MUST BE RECOGNIZED THAT AGREEMENTS KNOWN AS ' DELIMITATION AGREEMENTS ' ARE LAWFUL AND USEFUL WHERE THEY SERVE TO DELIMIT , IN THE MUTUAL INTEREST OF THE PARTIES , THE SPHERES WITHIN WHICH THEIR RESPECTIVE TRADE MARKS MAY BE USED , AND ARE INTENDED TO AVOID CONFUSION OR CONFLICT BETWEEN THEM , THEY ARE NOT EXCLUDED FROM THE APPLICATION OF ARTICLE 85 OF THE TREATY IF THEY ALSO HAVE THE AIM OF DIVIDING UP THE MARKET OR RESTRICTING COMPETITION IN OTHER WAYS . THE COMMUNITY SYSTEM OF COMPETITION DOES NOT ALLOW THE IMPROPER USE OF RIGHTS UNDER ANY NATIONAL TRADE MARK LAW IN ORDER TO FRUSTRATE THE COMMUNITY ' S LAW ON CARTELS .