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Author: Lazaros G. Grigoriadis
Publisher: Springer
ISBN: 3319047957
Category : Law
Languages : en
Pages : 528
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Book Description
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.
Author: Lazaros G. Grigoriadis
Publisher: Springer
ISBN: 3319047957
Category : Law
Languages : en
Pages : 528
Get Book Here
Book Description
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.
Author: Lionel Bently
Publisher: Cambridge University Press
ISBN: 9780521187923
Category : Law
Languages : en
Pages : 0
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Book Description
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.
Author: Johnson, Phillip
Publisher: Edward Elgar Publishing
ISBN: 1800888228
Category : Law
Languages : en
Pages : 304
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Book Description
Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK–EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.
Author:
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 16
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Book Description
Author: J. Thomas McCarthy
Publisher: Clark Boardman Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1186
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Book Description
Author: Stojan Arnerstål
Publisher: Kluwer Law International B.V.
ISBN: 9403519207
Category : Law
Languages : en
Pages : 367
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Book Description
Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.
Author: William Anthony Lovett
Publisher: M.E. Sharpe
ISBN: 9780765603241
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
A critical review of recent U.S. trade policies that have failed to enforce sufficient reciprocity and overall trade balance, with suggestions for policies that foster a more balanced and realistic pattern of world trade growth.
Author: Andrew Griffiths
Publisher: Edward Elgar Publishing
ISBN: 0857936476
Category : Law
Languages : en
Pages : 340
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Book Description
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
Author: Frank Isaac Schechter
Publisher: The Lawbook Exchange, Ltd.
ISBN: 158477035X
Category : Trademarks
Languages : en
Pages : 246
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Book Description
What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.
Author: Jeremy Phillips
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 448
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Book Description
"Use" is a concept which is fundamental to modern trade mark law, within the European Union, the US and elsewhere. The use concept is ubiquitous, since it must be understood even before basic issues of registrability, infringement and validity can be resolved. Does use bear the same meaning in each of these, and other, areas? Written by a team of leading practitioners and academics, this book seeks to address this issue from both a practical and a theoretical perspective.
