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The Global Trade Mark
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Book Synopsis The Global Trade Mark by : Edward Lee
Download or read book The Global Trade Mark written by Edward Lee and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article offers a proposal for WTO countries to adopt global IP rights for a special class of trademarks: famous or well-known marks. Well-known marks are well-suited for greater departure from the territoriality principle, given the transnational protections for well-known marks that already exist under the Paris Convention and TRIPS Agreement. This Article proposes creating a Global Trademark (GTM) for well-known marks, to be governed by one, uniform international law. The GTM will span all countries in the WTO. The GTM is inspired, in part, by the Community Trade Mark (CTM) in the European Union, the first truly transnational IP form. While the CTM is regional in scope, the GTM will be international. This Article proceeds in five Parts. Part I discusses the theory behind the Global Trade Mark (GTM) and why it is worth adopting today. Part II discusses the outlines of the proposed Global Trade Mark Treaty, whose signal feature will be to establish a uniform body of international law to govern the GTM and an International Court of the GTM to resolve conflicts over its interpretation. Part III discusses the two Pathways by which a trademark can be registered as a GTM: (1) international registration of an existing famous mark that is famous in a certain threshold number of countries (here under a proposed Rule of 7 countries, the formula of which is discussed below), or (2) an “intent-to-develop” registration of a mark an owner intends to make famous under the Rule of 7 countries within a prescribed time of 10 years. Part IV discusses enforcement of GTMs in national courts and post-registration issues, including abandonment and genericide. Part V addresses objections.
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 528 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 International Trade-mark Protection : Thriving and Surviving in the Global Marketplace by : Canadian Institute (1985- )
Download or read book International Trade-mark Protection : Thriving and Surviving in the Global Marketplace written by Canadian Institute (1985- ) and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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
Book Synopsis Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol by : World Intellectual Property Organization
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.
Book Synopsis A User's Guide to Trade Marks and Passing Off by : Nicholas Caddick KC
Download or read book A User's Guide to Trade Marks and Passing Off written by Nicholas Caddick KC and published by Bloomsbury Publishing. This book was released on 2021-12-20 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions
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 International Trademark Protection by : Graeme Dinwoodie
Download or read book International Trademark Protection written by Graeme Dinwoodie and published by Oxford University Press, USA. This book was released on 2018-04-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is an unquestioned assumption of trade mark law that trade marks are territorial. But is territoriality relevant in a global marketplace? If trade marks are not dependent upon territoriality what are the alternative models for their protection? Professor Dinwoodie considers these important issues in this thought-provoking scholarly treatment of the concept and relevance of territoriality in modern trade mark law. Professor Dinwoodie provides numerous key insights in this books. First, he highlights three alternative models that might facilitate the move to international protection: (a) protection through international institutions, (b) protection through evolution of national doctrine, and (c) protection through regional unitary rights. Second, by focusing on the surprising evolutions in national regimes, the resistance of European Union trade mark law to embrace fully the logic of the Community Trade Mark, and the weaknesses of the explicitly international system, Professor Dinwoodie identifies the key variables that will determine the ability of trade mark law to reflect a new post-national era. Third, by comparing and critiquing the different models, Professor Dinwoodie lays bare the policy choices and political dilemmas that underlie what is thought to be a relatively technical area of law, and advances a prescription for reconciling global markets with local values, cultures and institutions. Finally, Professor Dinwoodie draws these insights together to illuminate a number of characteristics of trade mark law: its role in industrial and economic policy developments; the extent of its subservience to political rather than commercial forces; the relationship between protecting goodwill and registration systems; the complexity of the values pursued by trademark protection; and, perhaps most fundamentally, why territoriality operates differently in trade mark law than in other intellectual property regimes.
Book Synopsis Founding a Global Human Rights Culture for Trade Marks by : Genevieve Wilkinson
Download or read book Founding a Global Human Rights Culture for Trade Marks written by Genevieve Wilkinson and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.
Book Synopsis Trade Mark Dilution in Europe and the United States by : Ilanah Simon Fhima
Download or read book Trade Mark Dilution in Europe and the United States written by Ilanah Simon Fhima and published by Oxford University Press, USA. This book was released on 2011-11-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comparison of EU and US protection against trade mark dilution, this book provides a complete overview of the dilution action, enabling practitioners to better protect trade marks against dilution or to combat dilution claims. Through clear and practical tests for the different types of dilution, this book demonstrates how to prove that a mark is famous, how to prove blurring, tarnishment and unfair advantage and how to prove lack of due cause. It gives clear guidance on the meaning of association and the role of similarity of goods, as well as the US dilution defences, the level of proof required and the 'actual versus likely' dilution question. By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action. Dilution is at the cutting edge of trade mark law, extending its protection beyond traditional boundaries to situations where defendants using trade marks are not causing confusion. This book provides practitioners with all the information they need both to protect trade marks against dilution and to prevent them being the subject of dilution claims.
Download or read book Global Trademark and Copyright written by and published by . This book was released on 1999 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Law and Practice of Trademark Transactions by : Irene Calboli
Download or read book The Law and Practice of Trademark Transactions written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
Book Synopsis Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks by : World Intellectual Property Organization
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.
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 Patent and Trade Mark Laws of the World by : Berthold Singer
Download or read book Patent and Trade Mark Laws of the World written by Berthold Singer and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive reference source for the laws and regulations governing patents and trademarks around the world. This book is an essential tool for international businesses and legal professionals who need to navigate the complex landscape of global intellectual property laws. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Book Synopsis Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises by : World Intellectual Property Organization
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.
