Advocate General's opinion in Case C-59/08 Copad v Dior - a broad understanding of quality control in trade mark licences?

In Copad v Dior the Advocate General (AG) has advised the European Court of Justice (ECJ) on whether a licensee's failure to comply with provisions in a trade mark licence may prevent the exhaustion of the owner's rights in the mark. The AG has advised that only breaches of the provisions listed in article 8(2) of the Trade Mark Directive will prevent such exhaustion. Article 8(2) refers, among other things, to provisions regarding the quality of the goods. The AG has advised that this includes the public's perception of the quality of the goods.

Find out more about the background to this opinion by reading the expert analysis from Wragge & Co's IP team.