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Author : Paul Lange
Publisher :
ISBN 13 : 9783848724932
Total Pages : pages
Book Rating : 4.7/5 (249 download)
Download or read book International Trade Mark and Signs Protection written by Paul Lange and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : José de Oliveira Ascensão
Publisher :
ISBN 13 :
Total Pages : 1352 pages
Book Rating : 4.F/5 ( download)
Download or read book International Trade Mark and Signs Protection written by José de Oliveira Ascensão and published by . This book was released on 2010 with total page 1352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the law of trademarks and related signs, including company names, domain names, indications of geographical origin, work names, and other names. It consists of a series of comprehensive and practical reports from 14 of the world's most important economies - Austria, Belgium, Canada, China, the Czech Republic, France, Germany, Italy, Japan, the Netherlands, Portugal, Russia, Switzerland, and the United Kingdom - each detailing the present state of the law in that jurisdiction. For many multi-national companies, their knowledge of trademarks and signs has never been more important. Infringement of valuable signs and trademarks can lead to multi-million dollar disputes and, correspondingly, large settlements and awards. The book is designed to enable multi-national enterprises to understand the different legal environments in which they operate and to plan their legal and commercial strategies accordingly, avoiding disputes and protecting their own intellectual property assets. Moreover, the book enables communication with foreign advisers and helps to avoid the pitfalls and misunderstandings arising from advice and information given and received across borders. Besides being organized by jurisdiction, the book deals with all types of trademarks or signs, using the same analytical method - formation, cancellation, proprietorship, transfer, license, conflicts between signs, scope of protection, opposition to registration, types of claims, and procedures - and, in respect of each jurisdiction, the authors set out the best strategy for safeguarding the goodwill related to trademarks and signs. The second and third parts of the book offer an overview of modern approaches to the marketing of trademarks and signs, as well as accepted market valuation methods. The system used to organize the account of trademark law in each country facilitates straightforward and quick access to the relevant laws. Within each country report, the authors focus on potential conflicts between signs and trademarks, thus adding to the practical value of the book. The authors are all experienced and well-known experts in their own countries, and their collective approach makes the content clear, coherent, concise, and practical-oriented
Author : Paul Lange
Publisher :
ISBN 13 : 9783845266404
Total Pages : pages
Book Rating : 4.2/5 (664 download)
Download or read book International Trade Mark and Signs Protection written by Paul Lange and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michal Bohaczewski
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519916
Total Pages : 445 pages
Book Rating : 4.4/5 (35 download)
Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280511521
Total Pages : 36 pages
Book Rating : 4.2/5 (85 download)
Download or read book Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises written by World Intellectual Property Organization and published by WIPO. This book was released on 2004-10-12 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide is the first in a series of guides on “Intellectual Property for Business.” It is devoted to trademarks, a central element in the marketing and branding strategy of any company. It seeks to explain trademarks from a business perspective.
Author : Irene Calboli
Publisher : Oxford University Press
ISBN 13 : 0198826575
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)
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 2018-12-19 with total page 433 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.
Author : Irene Calboli
Publisher : Edward Elgar Publishing
ISBN 13 : 1781953910
Total Pages : 359 pages
Book Rating : 4.7/5 (819 download)
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 359 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
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280530542
Total Pages : 191 pages
Book Rating : 4.2/5 (85 download)
Download or read book Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-09-11 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is primarily intended for applicants and holders of international registrations of marks, as well as officials of the competent administrations of the Member States of the Madrid Union. It leads them through the various steps of the international registration procedure and explains the essential provisions of the Madrid Agreement, the Madrid Protocol and the Common Regulations.
Author : Irene Calboli
Publisher : Cambridge University Press
ISBN 13 : 1108502369
Total Pages : 1176 pages
Book Rating : 4.1/5 (85 download)
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 2020-09-24 with total page 1176 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.
Author : Eléonore Gaspar
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528354
Total Pages : 567 pages
Book Rating : 4.4/5 (35 download)
Download or read book Genuine Use of Trademarks written by Eléonore Gaspar and published by Kluwer Law International B.V.. This book was released on 2021-08-18 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9789280508581
Total Pages : 34 pages
Book Rating : 4.5/5 (85 download)
Download or read book Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks written by World Intellectual Property Organization and published by WIPO. This book was released on 2000 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Recommendation is the first implementation of WIPO's policy to adapt to the pace of change in the field of industrial property by considering new options for accelerating the development of international harmonized common principles. It provides a set of guidelines for the protection of well-known marks that are recommended to States.
Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
ISBN 13 : 1848441312
Total Pages : 555 pages
Book Rating : 4.8/5 (484 download)
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
Author : Assembly of the Paris Union for the Protection of Industrial Property
Publisher : WIPO
ISBN 13 : 9789280510447
Total Pages : 48 pages
Book Rating : 4.5/5 (14 download)
Download or read book Joint Recommendation Concerning Provisions on the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet (with Explanatory Notes) written by Assembly of the Paris Union for the Protection of Industrial Property and published by WIPO. This book was released on 2002 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions aim at providing a clear legal framework for trademark owners who wish to use their marks on the Internet and to participate in the development of electronic commerce. They are intended to facilitate the application of existing laws relating to marks, and other industrial property rights in signs on the Internet.
Author : Jørgen Blomqvist
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470976
Total Pages : 279 pages
Book Rating : 4.7/5 (834 download)
Download or read book Primer on International Copyright and Related Rights written by Jørgen Blomqvist and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.
Author :
Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (26 download)
Download or read book Basic Facts about Trademarks written by and published by . This book was released on 1989 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Byfleet Gwillym Ravenscroft
Publisher :
ISBN 13 :
Total Pages : 738 pages
Book Rating : 4.3/5 (512 download)
Download or read book International Trade Mark Law and Practice written by Byfleet Gwillym Ravenscroft and published by . This book was released on 1925 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Wolfgang Sakulin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134158
Total Pages : 424 pages
Book Rating : 4.0/5 (411 download)
Download or read book Trademark Protection and Freedom of Expression written by Wolfgang Sakulin and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the andfunctional approachand to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorands in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.
