All the time, Reporting articles often deliberately attract readers with sensational headlines, But it doesn't always reflect what's actually being reported. recently, Many media reports said, Famous street artist Banksy (Banksy) In its famous graffiti works "Flower thrower" the "Copyright law debate" In the "The battle was lost" .

　　There have been reports that, For a company that sells postcards "A suit" In the, some "court" "judge" make "judgment" , "reject" Author's copyright claim, The reason is that Banks has chosen to remain anonymous. perhaps, We should see what the truth is, you know.

　　As mentioned in the report above "judgment" , It's actually the EU Intellectual Property Office——Eu trademark and design registration authority——revocation 2020 years 9 month 14 A ruling made on Tuesday; And the so-called "litigation" , In fact, it is against an EU registered graphic trademark (As shown in the picture below) Revocation of the application done "Administrative nature" decide. The trademark owner will take Banks "Flower thrower" Register as a trademark, Be designated for use in "Nice international classification" On a number of commodity items. Disputed registered trademark (EUTM No. 12575155)

　　The owner of the disputed trademark is Pest Control Office Limited company, The European Union's Intellectual Property Office confirmed the link between the company and Banks, This point was not discussed in detail. Full Colour Black Limited The company applied to cancel the registration of the disputed trademark, So that it can be freely sold printed "Flower thrower" A postcard of this famous graffiti work.

　　The legal basis for the above cancellation is: "Eu trade mark regulation" Prescribed non-registration circumstances——When applying for trademark registration "Malicious intent" . Revocation department review found, The disputing trademark owner does not register the trademark for the purpose of using the mark on the goods sold in the market, It's about preventing others from doing it, This goes against the core function of the trademark (Distinguish between sources of goods and services——Translator's note) . Therefore, Revocation order, The owner of the disputed trademark applies in bad faith.

　　The EU's Intellectual Property Office is indeed analysing Banksy's choice to remain anonymous, The owner of the disputed trademark allows others to reproduce it for non-commercial purposes "Flower thrower" Works and other facts, The above verdict was reached. but, Because the trademark owner does not intend to use the trademark when applying for it, The competent administrative authority made an order to cancel a registered trademark, The copyright considerations are merely acts "Incidental opinion" proposed.

　　And more importantly, After the trademark in dispute is revoked, Pest Control Office Limited The company lost the exclusive right to use Banksy's work as a trademark on specific merchandise items, But that doesn't mean Banksy lost his rights to the work, Infringement can still be claimed against any third party who uses the work for commercial purposes without permission. 　　Compare this to the one discussed by the EU Intellectual Property Office "Administrative nature" Adjudication case, Another one in Spain "justice" In fact, the judgment case is more in line with the traditional civil law copyright dispute, The case involves another internationally known street artist.

　　2018 years 11 month 2 day, The Court of Appeal of the Province of Madrid, confirm Keith Haring To its iconic "Glowing heart" Copyright of works, And found that the defendant used a logo very similar to the iconic image on a large number of goods sold and simply added it "Madrid" The act of writing violates the copyright of the former. (Specific content, Please refer to our previous opinion piece " [Spanish copyright] Madrid's glowing heart" )

　　Works of art have the power to move us, It doesn't matter where it is, right——Whether it's a gallery, network, It's also a wall in Jerusalem. And whether the artist chooses to actively display his work or remain anonymous, And it doesn't hurt. But no one should go against the author's wishes, Use it as a tool for commercial gain. At least for now in Europe, The practice is widely discredited.

　　 [reference] 　　 " [Spanish copyright] Madrid's glowing heart"

　　compile: Liu Dan, Esabarry Legal Counsel

　　source: Esabaril (ELZABURU) Intellectual property rights