Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks PDF Download
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Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9789280508581
Category : Competition, Unfair
Languages : en
Pages : 34
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Book Description
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: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9789280508581
Category : Competition, Unfair
Languages : en
Pages : 34
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Book Description
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: Michal Bohaczewski
Publisher: Kluwer Law International B.V.
ISBN: 9403519916
Category : Law
Languages : en
Pages : 469
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Book Description
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: Frederick W. Mostert
Publisher:
ISBN: 9780939190539
Category : Conflict of laws
Languages : en
Pages :
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Book Description
Author: Hiroko Onishi
Publisher: Routledge
ISBN: 1136027920
Category : Law
Languages : en
Pages : 195
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Book Description
This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.
Author: Jeremy Phillips
Publisher: Oxford University Press, USA
ISBN: 9780199267965
Category : Law
Languages : en
Pages : 742
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Book Description
This practical and detailed account of the key issues facing trade mark use draws on British, European, and US law, plus other sources. The author considers both the problems that trade mark law causes in business and commerce and how to solve them.
Author:
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 16
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Book Description
Author: Ilanah Simon Fhima
Publisher: Université de Genève
ISBN: 3725563896
Category : Law
Languages : en
Pages : 173
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Book Description
Actes de la Journée de Droit de la Propriété Intellectuelle du 15 février 2011, regroupant des contributions d'Ilanah Simon Fhima, Jacques Azéma, Philippe Gilliéron, Yuanshi Bu et Anne Marie E. Verschuur.
Author: Irene Calboli
Publisher: Cambridge University Press
ISBN: 9781009293136
Category : Law
Languages : en
Pages : 0
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Book Description
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: J. Walter Thompson Company
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 108
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Book Description
Author: Jichun Shi
Publisher: Edward Elgar Publishing
ISBN: 1783473797
Category : Law
Languages : en
Pages : 369
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Book Description
Renmin Chinese Law Review, Voume. 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China. This volume
