Portugal: US brewing company Anheuser-Busch has launched a landmark human rights challenge in the European Court of Human Rights over its Budweiser trade mark.

The Financial Times reports the case is believed to be the first at the court in which a company is arguing a trademark should be classed as a ‘possession’ under human rights law, and given appropriate protection. The company says the Portuguese authorities had infringed its right to ‘peaceful enjoyment of its possessions’ when they set aside the brand's registration four years ago.

In 1981 Anheuser-Busch applied to the Portuguese National Institute for Industrial Property (INPI) to register “Budweiser” as a trademark. The INPI did not grant the application immediately because “Budweiser Bier” had already been registered as a designation of origin on behalf of a Czechoslovak company, Budejovicky Budvar. In 1995 Anheuser-Busch obtained a court order setting aside the registration of that designation, and the INPI subsequently registered the “Budweiser” trademark.

However, the Czech company contested that decision in the Lisbon Court of First Instance, relying on the “1986 Agreement”, a bilateral treaty between Portugal and Czechoslovakia (now applicable in the Czech Republic), which came into force in 1987, protecting registered designations of origin. The Court of First Instance found against it, but the Court of Appeal overturned that decision and ordered the INPI to refuse to register “Budweiser” as a trademark.

The applicant company appealed to the Supreme Court, which dismissed the appeal in 2001, holding that the designation of origin “Ceskebudejovicky Budvar”, which translated into German as “Budweis” or “Budweiss”, was protected by the 1986 Agreement. The registration of “Budweiser” as a trademark on behalf of the applicant company was therefore set aside.

22 January, 2005