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Abstract
This article examines the civil-law foundations of the joint exercise of absolute rights from both theoretical and comparative legal perspectives. It analyzes the traditional legal nature of absolute rights and explores the distinctive features of their joint exercise by multiple independent persons based on the consent of the right holder. Particular attention is devoted to coexistence agreements developed in the legal practice of the United States and the European Union, as well as to legal approaches concerning the right holder's consent, the likelihood of consumer confusion, and the prevention of unfair competition. The article further substantiates the concept of the joint exercise of absolute rights as a distinct civil-law mechanism that facilitates the lawful coexistence of identical or similar intellectual property rights while maintaining a balance between the interests of right holders, market participants, and consumers.
References
1. International Trademark Association (INTA). Model Trademark Coexistence Agreement. INTA, New York, 2018; International Trademark Association (INTA). Likelihood of Confusion Fact Sheets. URL: https://www.inta.org
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3. European Union Intellectual Property Office (EUIPO). Guidelines for Examination of European Union Trade Marks. Part C: Opposition, Section 2: Double Identity and Likelihood of Confusion, Chapter 6: Other Factors, § 3.1 “Coexistence between the marks involved in the opposition”. Edition 2025; Judgment of the Court of Justice of the European Union of 20 July 2017, Ornua Co-operative Ltd v Tindale & Stanton Ltd España SL, Case C-93/16, paras. 41–48.