Download or read book Research Handbook on Trademark Law Reform written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This far-reaching Research Handbook is a follow-up to Graeme B. Dinwoodie and Mark D. Janis’s successful book Trademark Law and Theory. It examines reform of trademark law from a number of perspectives and across many jurisdictions, and contains insights from a stellar cast of trademark scholars.
Download or read book The Psychology Behind Trademark Infringement and Counterfeiting written by J. L. Zaichkowsky and published by Psychology Press. This book was released on 2020-04-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting. Principles and theories from psychology and how they are relevant to consumers' perceptions in the marketplace are used to explain why competitors steal the intellectual property of another company or entity. The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect. Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting. It could be used as a textbook in courses on marketing.
Download or read book Monaco Business Law Handbook Volume 1 Strategic Information and Basic Laws written by IBP USA and published by Lulu.com. This book was released on 2013-08 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monaco Business Law Handbook - Strategic Information and Basic Laws
Download or read book Intellectual Property Law written by Terence P. Ross and published by Law Journal Press. This book was released on 2000 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.
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 Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
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.
Download or read book The Brand and Its History written by Patricio Sáiz and published by Routledge. This book was released on 2022-03-16 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the origins and evolution of trademark and branding practices in a wide range of geographical areas and periods, providing key knowledge for academics, professionals, and general audiences on the complex world of brands. The volume compiles the work of twenty-five prominent worldwide scholars studying the origins and evolution of trademarks and branding practices from medieval times to present days and from distinct European countries to the USA, New Zealand, Canada, Latin America, and the Soviet Union. The first part of the book provides new insights on pre-modern craft marks, on the emergence of trademark legal regimes during the nineteenth century, and on the evolution of trademark and business strategies in distinct regions, sectors, and contexts. As industrialisation and globalisation spread during the twentieth century, trademarking led to modern branding and international marketing, a process driven by new economic, but also cultural factors. The second part of the book explores the cultural side of the brand and offers challenging studies on how luxury, fashion, culture associations, and the consolidation of national identities played a key role in nowadays branding. This edited volume will not only be of great value to scholars, students and policymakers interested in trademark/branding research, but to marketing and legal practitioners as well, aiming to delve into the origins of modern brand strategies. The chapters in this book were originally published as two special issues of the journal, Business History.
Download or read book Trademark Dilution written by Amir Friedman and published by Austin Macauley Publishers. This book was released on 2022-05-31 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a ‘sui generis’ brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.
Download or read book Iran Business Law Handbook Volume 1 Strategic Information and Basic Laws written by IBP and published by Lulu.com. This book was released on 2016-02-12 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Iran Business Law Handbook - Strategic Information and Basic Laws
Download or read book Monaco Company Laws and Regulations Handbook Volume 1 Strategic Information and Basic Laws written by IBP USA and published by Lulu.com. This book was released on with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proceedings of the XV International symposium Symorg 2016 written by Ondrej Jaško and published by University of Belgrade, Faculty of Organizational Sciences . This book was released on 2016-06-03 with total page 1520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Management and Valuation written by Grid Thoma and published by Routledge. This book was released on 2016-06-23 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suggests empirical justification to its arguments, both for the United States and Europe, covering two of the most important patenting institutions (EP, USPTO). Offers a composite index for measuring patent valuation and analyses this value with respect to combined IP strategies.
Download or read book Iran Company Laws and Regulations Handbook Volume 1 Strategic Information and Basic Laws written by IBP, Inc. and published by Lulu.com. This book was released on 2015-06 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Iran Company Laws and Regulations Handbook - Strategic Information and Basic Laws
Download or read book Rules of Engagement written by Paolo Beconcini and published by Kluwer Law International B.V.. This book was released on 2016-12-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: China now leads the world in number of registered trademarks. In recent years, however, higher volumes of enforcement have not brought about the end of trademark theft and counterfeiting. Consequently, most Westerners doing business in China (or preparing to do so) have negative views of the country’s system of intellectual property rights. This powerful book, by the world’s most experienced authority on how law and business interact in China’s trademark context, provides deeply informed and positive guidance for foreign brand owners seeking strategies that realistically engage with the Chinese legal and business landscape, thus showing how to reduce risk and benefit from the actually existing system. The author sets forth "rules of engagement" - strategic rules of conduct that provide guidance as to how to learn, understand, and approach trademark challenges in China in an objective manner. Issues and topics covered include the following: • acquisition of trademark rights in China; • infringement of trademark rights and claim basis; • preparatory investigation and case build-up; • available enforcement tools and procedures; • remedial strategies responding to trademark theft; • evidentiary burdens in proving infringement; • geographic location and specific characteristics of counterfeiting hubs; • privileged relations between investigative companies and enforcing authorities; and • increasing presence of online professional trademark thieves. Detailed discussion of a number of cases (in fields including automotive, clothing, wine, pharmaceuticals, electronic devices, and sports apparel) isolate certain common patterns and prove that, aside from certain malfunctions of the trademark system, a substantial amount of responsibility for failure can be laid with the brands and not with China’s enforcement authorities. With its comprehensive strategic approaches to dealing with trademark protection and enforcement in China, and its challenges to common legal thinking in the field, this book proposes and delivers new creative strategic solutions to unresolved problems related to trademarks in China. Interested lawyers and business persons can use the revelations about how anti-counterfeiting really works in China to help China bring about a change in the way state bodies enforce trademark rights. With the use of this book, lawyers counseling and advising clients on their China trademark portfolios and trademark protection strategies will bring great advantage to the brands they serve.
Download or read book The Economic Impact of Counterfeiting and Piracy written by OECD and published by OECD Publishing. This book was released on 2008-06-19 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study develops and applies a rigorous methodology to estimate the incidence of counterfeit and pirated items in world trade.
Download or read book Trademarks and Their Role in Innovation Entrepreneurship and Industrial Organization written by Carolina Castaldi and published by Routledge. This book was released on 2021-06-14 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademarks are the most widely used intellectual property right by companies worldwide. Their strategic importance is increasing, as reputational assets become more relevant for companies than ever, in national and global markets. Trademarks also represent key tools for companies to profit from innovation and can make the difference for start-ups and entrepreneurial firms by allowing them to gain legitimacy and fostering fund raising from investors. This book Trademarks and Their Role in Innovation, Entrepreneurship and Industrial Organization takes stock of the emerging academic research on how companies use trademarks. It collects a rich set of contributions from several research perspectives and disciplines and proposes an integrated view bridging different levels of analysis: individual, firm, industry, and country level. Specifically, the book combines an industrial organization, innovation, and entrepreneurship perspective to understand why, when and with what effects entrepreneurs, innovators, and firms use trademarks. The book is targeted toward academic readers to gain a better understanding of the emerging and interdisciplinary field of trademark research as well as interested practitioners from the area of intellectual property (IP) management and policy-making. The chapters in this book were originally published in Industry and Innovation.
