The Impact of Modern Technologies on the Expiry of Digital Trademark Rights
摘要
The realm of trademark rights has been profoundly impacted by contemporary technologies, particularly in relation to the challenges posed by digital trademark protection. Trademark owners who possess legally registered and deposited rights retain the capacity to seek criminal protection in accordance with international treaties; however, civil protection for well-known trademarks—regardless of their registration status—through claims of unfair competition is crucial when existing industrial property laws prove inadequate. Such legal assertions address the deficiencies in current regulations, allowing trademark owners, acting as plaintiffs, to thwart actions that constitute unfair competition and obtain compensation for incurred damages. This issue has gained heightened significance as modern technologies enable unauthorized usage and swift dissemination of digital trademarks, thereby complicating enforcement efforts and amplifying the necessity for effective digital rights management. Numerous proprietors of prominent digital trademarks depend on unfair competition claims, initiated under Article 15 of Law No. 17/97, to secure additional safeguards within commercial courts.