Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book Well known Trademark Protection written by Ngoc Tam Phan and published by LAP Lambert Academic Publishing. This book was released on 2014-10-14 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the age of globalization, trademarks have become more and more important assets not only of companies but also of countries. The contribution of well-known trademarks such as COCA-COLA, IBM, NOKIA, TOYOTA, and HONDA into the national economies is very large and quite remarkable. The traditional principles of trademark law have been challenged by the modern conditions of the world economy. Especially in the case of the well-known trademark, that protection is based not only on national law but also on the international legal framework. International attempts during the past time in order to build up a global regime of well-known trademark protection have been realized by many international conventions and treaties. Those have established legal foundations for the protection of well-known trademarks in worldwide. From a theoretical perspective, well-known trademarks and the protection of well-known trademarks have increasingly become important topics engaging the thoughts of scholars all over the world. There have been many books and research works dealing with issues concerning well-known trademark protection in theory and legislation.
Download or read book Foreign Well Known Trademark Protection in Ethiopia From Consumers Protection Perspective written by Mizan Gebremikael and published by GRIN Verlag. This book was released on 2023-04-21 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2020 in the subject Law - Media, Multimedia Law, Copyright, Mekelle University, language: English, abstract: The general objective of the research is to assess the state of law and practice of consumer protection from fake foreign well-known trademarks in Ethiopia. Currently, goods and services produced in one country may cross almost all countries of the world. From those, some products, which have good quality, become well-known. Some producers use the well-known trademarks of others, to get market access by confusing consumers. Though different ‘additional rationales’ developed through time, the protection of trademarks, including well-known trademarks protection, historically bases its rationale in protecting consumers from misleading in the free trade market and guarantees them the consistent quality of the products. This rationale has been taken by the Trademark Proclamation of Ethiopia, which is observable in its preamble. However, confusions of consumers in the market because of the fake marks (especially by the fake foreign well-known trademarks) are practiced here and there in every part of the country. This research has, thus, looked in to and examined the different laws of the country as well as institutions that have involvement in protecting the interest of consumers from confusion by fake-foreign well-known trademarks. This study briefly examines the practical existence of confusion and the subsequently available remedies in the shoe and cloth market. In doing so, the non-doctrinal research methodology and, qualitative research approaches were used. Observation was made in the market and a semi-structured interview was conducted with traders, IPRs experts, and TCCP experts selected through a purposive sampling method and with buyers selected through the convenience sampling method.
Download or read book Protection of trademarks against registered identical or similar trademarks under Chinese trademark law written by Patric Werner and published by GRIN Verlag. This book was released on 2015-04-09 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 90, China University of Political Science and Law (Chinese Law), course: Intellectual Property Law, Prof. Dong Jingbo, Spring Term of 2014, language: English, abstract: It is an international standard in trademark law that the scope of protection for a trademark that has obtained the status “well-known” is supposed to reach beyond the scope of protection of regularly registered trademark that is not well-known. In the People’s Republic of China (PRC), recent developments in Trademark Law are expected to strengthen the protection of well-known trademarks to an extend that deems this author to examine the relationship between a well-known trademark recognized in China and another parties identical or similar trademark that has been registered with the trademark office.
Download or read book Well known Trademark Protection Under the Law of European Union United States and Vietnam written by 白麗安 and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Well Known Trade Marks written by Hiroko Onishi and published by Routledge. This book was released on 2015-06-26 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Evolution of Well known Trademark Protection in China written by Xiao Mu and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2020-09-24 with total page 1176 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 The Protection of Well Known Marks in Asia written by Christopher Heath and published by Springer. This book was released on 2000-03-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade mark law has become an increasingly important field of law in the context of a rapidly globalizing economy. The promotion and protection of marks is widely viewed as the most important tool for a successful expansion of business, particularly in areas of economic transformation such as the Asia-Pacific region. The importance of the Asian market for global competition makes the appearance of a book on the protection of well-known marks in Asia extremely timely. This collection of expert essays examines the legal protection of well-known marks both under trade mark and unfair competition law in 10 different jurisdictions of the Asia-Pacific region, analysing the still widespread piracy of well-known marks in the context of the underlying legal and cultural concepts. It explores the significance of trade marks in an information society, highlighting the tensions between those seeking to protect their well-established brands globally in an age of electronic commerce, and those concerned to prevent large firms from being granted indiscriminate control over certain marks without having made the corresponding marketing efforts. It examines the opportunities and problems arising from the advent of the new digital technology, and looks at some of the issues the technology gives rise to, such as the protection of domain names. The papers collected in this volume are the revised and updated proceedings of a conference on Trade Marks, Domain Names and Unfair Competition in the Information Age, held in Taipei in January 1999, as the result of the co-operation by the Sun Yat-Sen Institute for Social Sciences and Philosophy, Academia Sinica, Taipei, and the Max Planck Institute, Munich.
Download or read book Basic Facts about Trademarks written by and published by . This book was released on 1988-08 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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
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 Famous and Well known Marks written by Frederick W. Mostert and published by Bloomsbury Professional. This book was released on 1996-12-31 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This unique book introduces the subject through an initial chapter focusing on the international law position, followed by a chapter on each of the approximately 15 jurisdictions (including the UK, the US, Japan, France, Germany, Italy, China, Australia and South Africa) outlining the separate provisions which exist for the protection of famous and well-known marks in that country. Each chapter follows the same structure to ensure uniformity of content. National legislation, such as it exists, is reproduced in an appendix together with a number of illustrations showing famous and infringing marks. Well-known marks carry with them significant reputation and worth; unauthorised exploitation has serious economic implications for the trade mark owners. Various matters need to be considered when dealing with this area: how a well-known mark is defined, how such a mark may qualify for protection, 'bad faith' use of such a mark and the damages or other remedies which may be available to the trade mark owner in the event of such use having taken place."
Download or read book Famous and Well known Marks written by Frederick W. Mostert and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Monography on the So called Famous Or Well known Trademarks written by César Sepúlveda and published by . This book was released on 1959 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Extent of Well Known Trademark Protection According to the Jordanian Trademarks Law No 33 of 1952 and the International Conventions written by Mohammed Abdullah Mohammed Abu Hammad and published by . This book was released on 2007 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:
