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An Economic Perspective On Trade Mark Law
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Book Synopsis An Economic Perspective on Trade Mark Law by : Andrew Griffiths
Download or read book An Economic Perspective on Trade Mark Law written by Andrew Griffiths and published by Edward Elgar Publishing. This book was released on 2011-07-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable book will appeal to academics, postgraduate and undergraduate students in the fields of trade mark law, business organization, intellectual property and law and economics. Solicitors and other professionals specializing in trade mark la
Book Synopsis Trademark Law and Theory by : Graeme B. Dinwoodie
Download or read book Trademark Law and Theory written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2008 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Book Synopsis Research Handbook on the Law and Economics of Trademark Law by : Glynn S. Lunney Jr.
Download or read book Research Handbook on the Law and Economics of Trademark Law written by Glynn S. Lunney Jr. and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.
Book Synopsis Trade Marks and Brands by : Lionel Bently
Download or read book Trade Marks and Brands written by Lionel Bently and published by Cambridge University Press. This book was released on 2011-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.
Book Synopsis Trademark and Unfair Competition Conflicts by : Tim W. Dornis
Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by Cambridge University Press. This book was released on 2017-02-23 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Book Synopsis The Economic Structure of Intellectual Property Law by : William M. LANDES
Download or read book The Economic Structure of Intellectual Property Law written by William M. LANDES and published by Harvard University Press. This book was released on 2009-06-30 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
Book Synopsis Trade Marks and Free Trade by : Lazaros G. Grigoriadis
Download or read book Trade Marks and Free Trade written by Lazaros G. Grigoriadis and published by Springer. This book was released on 2014-05-06 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.
Book Synopsis The Protection of Non-Traditional Trademarks by : Irene Calboli
Download or read book The Protection of Non-Traditional Trademarks written by Irene Calboli and published by Oxford University Press. This book was released on 2019-01-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Download or read book Think Consumer written by Jamil Ammar and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The availability of a wide range of branded products makes the selection of the right type of goods a difficult process. This is particularly true in the case of goods whose characteristics consumers do not have complete information about, which they can only learn about after purchasing (experiencing goods). A trade mark quality guarantee facilitates consumers’ choice by sending quality signals. It also enables a trader of branded goods to differentiate the quality of his goods from those of his competitors. Accordingly, trade mark protection is said to enhance economic efficiency, and thus the production of quality goods, and reduce consumer search costs. In order for this to work, however, among other conditions, the trader must maintain consistent quality over time and across consumers. Otherwise, trade mark protection will enhance artificial product differentiation, and thus distort competition. To date, despite its profound significance, the quality guarantee is seen as performing an economic function that trade mark law is ill equipped to deal with. As a result, this function is not enforced under trade mark law. Contrary to mainstream thinking, this book argues that the quality function of a trade mark should be recognised and enforced through trade mark law. What is at stake is far from insignificant: it is about bridging the ever increasing gap between the legal rationales for trade mark protection and the economic consequences of this protection in practice. The book is also about how consumers should shape their relationship with trade marks and what role law should play in constructing that relationship. By giving independent legal substance to the quality function, trade mark law encourages a trader to improve the quality of his goods instead of simply improving the persuasive or advertising value of the mark, which, in turn, enhances artificial product differentiation, increases rather than decreases consumer search costs, and distorts competition.
Book Synopsis Trade Mark Law and Sharing Names by : Ilanah Simon Fhima
Download or read book Trade Mark Law and Sharing Names written by Ilanah Simon Fhima and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent. In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared. This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects. General themes relating to the nature and purpose of trade mark law are also discussed. The contributors focus on UK and European law and their detailed treatment of specific trade mark topics will prove invaluable to postgraduate law students and academics specialising in intellectual property. Legal practitioners will appreciate the up-to-date consideration of concepts important in both contentious and non-contentious trade mark practice and in-house counsel for brand owners will benefit from the expert guidance offered on issues relevant to protecting their trade marks.
Book Synopsis Trademark Protection and Territoriality Challenges in a Global Economy by : Irene Calboli
Download or read book Trademark Protection and Territoriality Challenges in a Global Economy written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2014-01-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
Book Synopsis Trademarks, Brands, and Competitiveness by : Teresa da Silva Lopes
Download or read book Trademarks, Brands, and Competitiveness written by Teresa da Silva Lopes and published by Routledge. This book was released on 2010-05-04 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines trademarks and brands, and their historical role in national competitive and comparative advantage and in overall economic growth. The contributors provide an historical account of the contribution of brands in consumer goods to economic growth; examine the development of trademark law, its influence on brand strategy, and reciprocally the influence of strategy on the law; and look at the building and repositioning of individual brands as example of the interplay of law and strategy. Brands and trademarks are usually discussed from the perspective of marketing. This book draws together scholars and practitioners not only from marketing, but also from business history, law, economics, and economic history to provide a richer understanding of trade marks and competitiveness than has hitherto been available.
Book Synopsis Trademark and Unfair Competition Conflicts by : Tim W. Dornis
Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by . This book was released on 2017 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Both in Europe and the United States, a socioeconomic cataclysm of industrialization and market liberalization-including the invention of branding, mass advertising, and marketing psychology-was the driving force behind the construction of modern trademark and unfair competition laws. During the last two centuries, legal doctrine accordingly underwent partly groundbreaking transformations. Many of these account for today's transatlantic dichotomy, particularly in the field of trademark and unfair competition choice of law, or conflicts law. My analysis will focus on the most relevant characteristics of legal doctrine between the eighteenth and twenty-first centuries. I argue that a closer look at conceptual and structural differences, as well as commonalities between European and US law, provides the basis for a reconceptualization of the field"--
Book Synopsis The Cambridge Handbook of International and Comparative Trademark Law by : Irene Calboli
Download or read book The Cambridge Handbook of International and Comparative Trademark Law written by Irene Calboli and published by Cambridge University Press. This book was released on 2023-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
Book Synopsis European Trade Mark Law by : Annette Kur
Download or read book European Trade Mark Law written by Annette Kur and published by Oxford University Press, USA. This book was released on 2016-07-25 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Trade Mark Law provides a coherent and authoritative commentary on both the substantive and procedural aspects of European trade mark law. It presents an integrated picture of the two major trade mark law provisions at EU level: the Community Trade Mark Regulation (CMTR), which provides for the registration and protection of a Europe-wide mark; and the Trade Mark Directive (TMD), which aims to harmonise national trade mark laws. The book's core focus is the Community texts and case law, and it offers a detailed analysis of the CMTD and TMD, as well as practical discussion of the procedure for registering, maintaining, and challenging a trade mark through the European Trade Mark Office and at the national level. It considers how national laws have been successfully harmonised by the TMD, and where they differ significantly from others in their implementation of the Directive. Written by one of the leading trade mark lawyers in Europe, this is an invaluable reference for both academics and practitioners in this complex and rapidly developing area of law.
Book Synopsis International Trade Mark Law and Practice by : Byfleet Gwillym Ravenscroft
Download or read book International Trade Mark Law and Practice written by Byfleet Gwillym Ravenscroft and published by . This book was released on 2013-02 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Trade Mark Law and Product Protection by : Lavinia Brancusi
Download or read book EU Trade Mark Law and Product Protection written by Lavinia Brancusi and published by Taylor & Francis. This book was released on 2023-07-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
