Browsing by Author "Johansson, Melina"

Since early 2020, COVID-19 has indiscriminately affected societies around the globe, resulting in significant consequences on various aspects of our lives. Nonetheless, throughout the pandemic, our human and planetary systems have had to confront additional crises, such as rapid climate change. As such, there is a growing concern about environmental problems related to consumption and waste management, and research points to the need for extensive, substantial shifts in our societies and activities. In 2020, the European Commission published the European Green Deal, an unprecedented and transformative policy framework, aiming to reshape the landscape of sustainability in the European Union. At the forefront of the European Green Deal is the objective of transforming the European Union into a circular economy, shifting away from the linear economy model. Key activities to promote sustainability and a circular economy are different forms of material and product reuse, such as upcycling, furthermore, contributing to preserving the life cycle of a product. Despite its contribution to a sustainable and circular economy, upcycling may potentially constitute trademark infringement under the current framework of EU trademark law. Significantly, trademark proprietors may invoke their rights to oppose attempts by third parties to upcycle products containing the proprietor's trademark if done without the consent of the trademark proprietor. The intersection between trademark rights, sustainability, and the circular economy furthermore presents the need to reconsider the current trademark system in light of the growing environmental challenges of our society. Situated within the context of upcycling, this thesis aims to provide insight into the alignment of prevailing EU trademark law with the objectives of promoting sustainability and a circular economy in the EU. Furthermore, this thesis contributes with a discussion of how the trademark law can be better shaped to ensure integration with sustainability and circularity objectives. The thesis concludes that under the current trademark system, the extent to which trademark proprietors can control their products in relation to activities conducted by third parties is not aligned with the objectives of the European Green Deal. In the future, structural-level amendments to the current trademark law could be made to promote sustainability and circularity. However, at the present, revisiting existing provisions, namely exceptions and limitations, can be considered a viable strategy. Overall, it is argued that existing provisions should be interpreted more broadly, ensuring that the trademark system evolves with contemporary interests and does not impede the development of sustainable and circular practices.