In recent years, the need to reconcile expanding trade mark rights and fundamental freedoms, in particular freedom of expression and freedom of competition, has been emphasized in various scholarly publications. There is a widely-shared view in the academic community that trade mark protection, while constituting a central instrument to ensure market transparency and the proper functioning of markets in a more general sense, must be reconciled with other core values, such as free expression enhancing consumer information and consumer choice, and free competition preventing unnecessary market entry barriers. 1
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