Economic Functions of a Trade Mark: Legal Analysis.
Professor Spyros Maniatis
Summary of research
Mariia’s research is focussed on the examination of the Economic Functions of a Trade Mark. The original function of a trade mark is to guarantee that the marked products have specific origin, in other words to distinguish goods and services of one company from those of another. With the increase in international trade and competition, the function of a trade mark goes beyond the one of origin identification. A trade mark acquires the power to attract consumers and develops into a brand which carries certain quality and prestige image attributes, therefore, a trade mark becomes a valuable asset on its own, independent from the products it identifies. These additional functions of trade marks are broadly defined by the Court as guaranteeing the quality, communication, investment and advertisement functions. The questions arise, is the importance of these functions adequately assessed by the courts in trade mark infringements by third parties and which criteria can be used to evaluate if these functions were affected?
The goal of the research is to analyse the role a trade mark plays in facilitating undistorted competition. In particular, this research addresses the issues of whether the enhanced protection of a trade mark, creates unnecessary barriers to competition and if it provides the necessary incentives to stimulate innovation and to improve the quality of products?
Mariia has obtained two Master degrees in International Law and Intellectual Property with Distinction from major Kiev universities. She also graduated cum laude from KU Leuven, Belgium where she obtained an LLM in Intellectual Property and prepared her thesis on Reputed Trade Marks and Dilution in the EU.
Her professional experience includes work with international organisations and the EU including the World Intellectual Property Organization (WIPO) in Switzerland, the Office for Harmonization in the Internal Market (OHIM) in Spain and EU technical assistance projects in Ukraine. She has also worked as an IP lawyer in a Kiev-based law firm and at the Ukrainian IP office.
In February 2012 Mariia commenced her PhD at Queen Mary University of London.