Barna Arnold Keserű

59205804100

Publications - 4

Trademark protection for faces? A comprehensive analysis on the benefits and drawbacks of trademarks and the right to facial image

Barna Arnold Keserű

Publication Name: Journal of Intellectual Property Information Technology and E Commerce Law

Publication Date: 2024-06-01

Volume: 15

Issue: 1

Page Range: 88-99

Description:

The purpose of this paper is to present a comprehensive framework for the possibility of trademark protection for human faces. In the case law of the European Union Intellectual Property Office there are a few examples of trademarks, which consist of only photorealistic human faces. Private law protects the use of images; however, the trends of recent years demonstrate that trademarks could also have a role in such protection. The author aims to analyze the similarities and differences between trademark protection and personality rights in order to determine whether trademarks for faces are necessary or not. The over- arching analysis compares twelve aspects of the two ways in which the legal systems protect facial imagery, highlighting their various advantages and drawbacks. The comparison includes the following attributes: function of protection, scope of protection, territorial dimensions of protection, temporal dimensions of protection, conditions of protection, content of protection, limitations and exceptions, transferability of rights, enforcement of rights, requirement of use, termination of rights and costs.

Open Access: Yes

DOI: DOI not available

The Holy Trinity of Patents, Biotechnology and Sustainability. Review of Biotech Patents in the Scope of US Patent Case Law

Barna Arnold Keserű Máté Frank

Publication Name: Chemical Engineering Transactions

Publication Date: 2024-01-01

Volume: 114

Issue: Unknown

Page Range: 985-990

Description:

Patent law plays a crucial role in all three pillars of sustainable development. Economically, patents serve as a highly valuable competitive tool, socially, they promote advancements that benefit public health and nutrition, and environmentally, patents facilitate the development and dissemination of environment-friendly technologies. In recent decades, biotechnology has emerged as one of the most significant patent-intensive industries. This paper examines the evolution of the patentability of biotechnological inventions from the early 1970s to the present day, with a primary focus on the case law of the United States, a predominant actor in this field. The main contributions of this paper are twofold. First, it explores the framework of patentability for biotechnological inventions, particularly focusing on different genomes. Second, the paper considers the potential future of biotechnology, particularly in light of ongoing litigation over CRISPR-Cas9 gene-editing technology. The findings suggest that recent US case law, particularly regarding CRISPR-Cas9, will shape patentability criteria and market access. Over-protection of biotechnology may hinder the fulfillment of sustainable development goals, while the lack of exclusive rights would hold back innovation, which is also harmful to these goals.

Open Access: Yes

DOI: 10.3303/CET24114165

The protection of genetic resources in the intersection of biological diversity and intellectual property rights

Barna Arnold Keserű

Publication Name: Rechtskultur

Publication Date: 2024-01-01

Volume: Unknown

Issue: Unknown

Page Range: 339-351

Description:

Diversity is a key component of sustainable development. This stems from the systems theory approach, as a diverse system adapts best to environmental change. From this perspective, diversity is a guarantee of survival, and it serves as a tool of fighting for food security. The complexity and diversity must therefore be protected. One endpoint of diversity is biological and genetic diversity, while the other endpoint is cultural diversity. The protection of biological diversity is linked to the protection of genetic resources. The issues of the protectability of genetic resources is a new direction in intellectual property law, with the declared aim of promoting aspects of sustainable development. There are new, emerging legal institutions at international level which are not yet part of the universal system of intellectual property rights and it is up to international legislation to make them so. A key step was the adoption of the WIPO Treaty in this field in May of 2024. The purpose of this paper is to analyze the current and future possibilities for protection.

Open Access: Yes

DOI: DOI not available

Portraits as Trademarks: A Doctrinal and Practical Analysis of EUIPO Case Law on Facial Image Signs

Barna Arnold Keserű

Publication Name: Journal of Intellectual Property Information Technology and E Commerce Law

Publication Date: 2025-12-22

Volume: 16

Issue: Unknown

Page Range: 386-403

Description:

This article examines the increasingly relevant and doctrinally complex question of whether photorealistic human faces can serve as valid and protectable trademarks under European Union law. Drawing on updated empirical data, evolving EUIPO case law, and critical third-party interventions— including the amicus curiae brief submitted by INTA in the Smit case—the study interrogates the normative and institutional limits of trademark distinctiveness when applied to facial images. The research applies to doctrinal legal methodology supported by empirical observations and comparative references, with a focus on European legal sources and procedural developments. It evaluates the registrability, scope of protection, and practical enforceability of facial image trademarks in light of established principles of trademark law, including the requirement of distinctiveness, genuine use, and the limitations arising from personality rights and public interest. Particular emphasis is placed on the conceptual distinction between personal identity and commercial origin, the merger of service and sign in the context of modeling services, and the doctrinal thresholds for enhanced protection based on reputation. The findings indicate that while facial trademarks are gradually gaining acceptance, their registration raises unresolved theoretical and practical challenges that requires careful legal scrutiny and, potentially, legislative clarification to ensure coherence with the foundational objectives of trademark protection.

Open Access: Yes

DOI: DOI not available