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.
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
Download or read book Community Trade Mark Law written by Frank Bøggild and published by Kluwer Law International B.V.. This book was released on 2015-12-23 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction in Europe in 1996 of the Community trade mark (CTM) brought into being a new and independent trade mark system with its own sources of law, its own procedures, and its own administrative and judicial bodies, notably the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), the agency designated to process applications for the registration of CTMs. In 2011, OHIM for the first time received 100,000 applications in one and the same year – which was also the year in which the one millionth application was filed. Case law of the European Court of Justice (ECJ) and the European General Court (EGC) on the interpretation of the Trade Mark Regulation and the Trade Mark Directive is – together with decisions of OHIM and its Boards of Appeals – absolutely central to the understanding of Community trade mark law, including the trade mark laws of Member States. This book offers an in-depth scrutiny, categorization, and analysis of this extensive body of case law. Focusing on issues of practical relevance for practitioners, the chapters cover such aspects of Community trade mark law as the following: • OHIM's procedure for registration; • the appeals system (OHIM's Boards of Appeals, the EGC, and the ECJ); • trade mark strategies; • absolute and relative grounds for refusal; • three-dimensional trade marks; • non-registered national trade marks and registration in bad faith; • trade marks with a reputation; • acquired distinctiveness; • trade mark functions and use as a trade mark; • limitations of exclusivity; • nature and extent of genuine use; • grounds for revocation and invalidity; • transfer of trade marks and licensing; • national trade mark courts. Also covered are the pending and proposed amendments to the Trade Mark Regulation and the Trade Mark Directive. This book covers in depth the practical applications of this important and much-used body of law. It will be of enormous value and benefit to company lawyers, attorneys, trade mark attorneys, and anyone else dealing with trade mark law, whether on a Community level or nationally.
Download or read book Green Innovations and IPR Management written by Andree Kirchner and published by Kluwer Law International B.V.. This book was released on 2013-03-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can no longer be any doubt that promoting green innovations is essential if we are to meet the challenges of sustainable development, climate change, and intergenerational equity. With the maturity of this crucial awareness has come full recognition of the intellectual property rights of green innovators – an area of international law that has drawn a host of initiatives not only from lawyers and legal scholars but also from highly knowledgeable and well-placed authorities such as the World Intellectual Property Organization, the European Patent Office, the United Nations Environment Program, the International Tribunal for the Law of the Sea, the International Centre for Trade and Sustainable Development, the European Commission, and national environmental agencies. In this first-ever survey and analysis of the current and emerging state of the field, twenty-two outstanding practitioners, academics, policymakers, and officials describe the relevant work of all of these groups. Among the array of topics covered are the following: vast diversity of products, services, and processes; legacy IP measures from R&D in computers and semiconductors; role of green technology’s moral underpinning; wide-open startup vs. exorbitant up-front cost; and licensing issues in technology transfer. Although primarily intended for professionals concerned with the legal aspects of green technology – lawyers, policymakers, agency officials, academics – this book will also be of great value to inventors and technology companies as a guide to mechanisms for managing and sharing intellectual property rights in the context of green innovations. It is sure to engage a wide audience for years to come.
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.
Download or read book Kerly s Law of Trade Marks and Trade Names written by Sir Duncan Mackenzie Kerly and published by . This book was released on 2011 with total page 1454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive practitioner text on the UK law of trade marks and trade names. The book provides trade mark practitioners with a comprehensive analysis of trade mark law through a mix of commentary, case law and legislation.
Download or read book European Union Trade Mark Regulation written by Gordian Hasselblatt and published by Beck/Hart. This book was released on 2018-12-13 with total page 1632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the release of the first edition of this commentary, quite a few important changes have taken place in the realm of EU trade mark law. Most of the reforms proposed in 2013 have now matured into law. By way of Regulation 2015/2424 of 16 December 2015, the CTMR was comprehensively amended and the regulation on the fees payable to the Office repealed. All in all, the reform of the former framework brought about more than 145 amendments. These changes have been codified by Regulation 2017/1001 of 14 June 2017. Needless to say, all changes of a material, procedural or mere terminological nature are commented in detail in the respective context of this profoundly revised second edition.
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.
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.
Download or read book U S Trademark Law written by and published by . This book was released on 1998-12 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Legal aspects of outsourcing contracts in the pharmaceutical industry A practical guide written by and published by Pharmalicensing. This book was released on with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Practical Guide to Trade Mark Law written by Amanda Michaels and published by Sweet & Maxwell. This book was released on 2002 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this legal guide for advisers of housing associations and housing association tenants provides comprehensive coverage of this area of law. It incorporates wide-ranging changes in law and policy, including the shift towards a more holistic approach
Download or read book A Guide to Trade Mark Law and Practice in Ireland written by Helen Johnson and published by A&C Black. This book was released on 2011-07-31 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guide to Trade Mark Law and Practice in Ireland covers the law and practice of trade mark law in Ireland and under OHIM and WIPO, enabling readers to understand the basic legal principles and practical procedure surrounding the application, registration and enforcement of trade marks in these jurisdictions. Written in a simple and comprehensible manner this is an indispensable users' guide to trade mark law and practice in the Irish jurisdiction. Steering clear of confusing legal jargon, it explains the main trade mark principles clearly and concisely so that non-lawyers and lawyers alike will find the text accessible and highly practical. Guide to Trade Mark Law and Practice in Ireland gives in-depth coverage of the law and practice of trade marks in Ireland as they relate to the following: · The Trade Mark Act 1996 and 1996 rules, as amended · The Community Trade Mark Regulation 207/2009 and implementing rules · The Madrid Agreement and Protocol systems. The guide also gives coverage to the main cases and authorities used in practice. This book is designed and written for the lay individual who has a strong business interest and for those who wish to file their own trade mark applications. It is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Irish Patent Office trade mark agent exam, sole traders and entrepreneurs.
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Download or read book European Fashion Law written by Rosie Burbidge and published by Edward Elgar Publishing. This book was released on with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Fashion Law: A Practical Guide from Start-up to Global Success provides an accessible guide to the legal issues associated with running a fashion business in Europe. This concise book follows the lifecycle of a fashion business from protecting initial designs through to global expansion. https://www.europeanfashionlaw.com/about-the-book
Download or read book Contemporary Intellectual Property written by Charlotte Waelde and published by Oxford University Press. This book was released on 2016 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique perspective on intellectual property law. It examines the complex policies that inform and guide modern intellectual proprty law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come.
