european trademark law community trademark law and harmonized national trademark law

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European Trademark Law

Author : Tobias Cohen Jehoram
ISBN : 9789041131577
Genre : Law
File Size : 32. 42 MB
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European Trademark Law describes all relevant developments in both legislation and case law, in particular of the Court of Justice, offering not only a succinct introduction to the theory, structure and nature of trademark law, but also insightful suggestions for resolving and answering a host of practical problems. As the authors note, their book provides an 'overview of trademark law rather than an overview of trademark legislation.' The authors view the law from different perspectives; they take both the European perspective and the perspective from harmonised national trademark law, in particular as it is in the Benelux countries. Paying particular attention to the implications of the considerable stream of case law that has followed from partially new doctrines set in place by the harmonization process, the book greatly clarifies the workings and interrelations of such factors as the following: situations that did not constitute infringement under former trademark law but do constitute infringement today and vice versa; different types of marks and their particularities; registration and opposition procedures; relevant international treaties; requirements for the mark; grounds for refusal and invalidity; scope of and limitations to trademark protection; use of trademarks in comparative advertising; referential use of trademarks; use of trademarks on the internet; exhaustion of rights, parallel trade; concepts of well known trademarks and trademarks with a reputation; procedural aspects of enforcing trademark rights; how trademark rights are lost.The analysis also covers specific aspects of the trademark right that are related to other legal areas, such as property law, trade name law, the law regarding geographical indications of origin, copyright law, competition law, and product liability. An especially valuable part of the book's presentation follows the 'life' of a trademark from filing the application up to and including its cancellation, revocation or invalidity.

Trademark And Unfair Competition Conflicts

Author : Tim W. Dornis
ISBN : 9781107155060
Genre : Law
File Size : 67. 33 MB
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This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Individualism And Collectiveness In Intellectual Property Law

Author : Jan Rosén
ISBN : 9780857939616
Genre : Law
File Size : 49. 84 MB
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This title embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.

International Intellectual Property Law And Human Security

Author : Robin Ramcharan
ISBN : 9789067049009
Genre : Law
File Size : 39. 30 MB
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This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.

Intellectual Property Law In The European Community

Author : Kathryn Rosenblum
ISBN : 1893323536
Genre : Business & Economics
File Size : 57. 88 MB
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This report, which includes contributions from 24 leading intellectual property attorneys throughout Europe, covers the fundamentals of intellectual property protection law and practice in each of the member countries of the European Community. (Legal Reference/Law Profession)

Trademark Protection And Freedom Of Expression

Author : Wolfgang Sakulin
ISBN : 9789041134158
Genre : Law
File Size : 64. 62 MB
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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 and‘functional 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 authorand’s 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.

A Practical Guide To Trade Mark Law

Author : Amanda Michaels
ISBN : 0421747609
Genre : Marks of origin
File Size : 41. 89 MB
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Although the level of harmonization of European trade mark law is currently more advanced than other areas of IP, the effect of technological development - in particular the implications of the Internet - should have even further impact upon the law, both in the UK and Europe. To help the practitioner keep abreast of these developments, the third edition of this established text has been revised and expanded. Including coverage of all recent developments and case law that have occurred since the last edition, the work is full of useful examples and takes a practical case-study approach. An accompanying CD-ROM containing useful appendices is also included.

European Competition Law

Author : Lennart Ritter
ISBN : 9789041122582
Genre : Law
File Size : 81. 93 MB
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No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalisation, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field. Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following: the Commission's new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002; procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003; the new Merger Control Regulation in force as of 1 May 2004; the new Transfer of Technology Regulation; and, the increased fines for hard-core cartel practices or abuse of dominant market position. The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.

Community Trade Mark Law

Author : Kolja Staunstrup
ISBN : 9041162186
Genre : Trademark infringement
File Size : 83. 32 MB
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The importance and functions of trade marks -- OHIM and the appeals system -- Trade mark strategy -- Absolute grounds for refusal -- Relative grounds for refusal and trade mark infringements -- Limitations of exclusivity -- Genuine use -- Grounds for revocation and invalidity -- Priority, seniority, alteration, renewal, resitutio in integrum, and conversion -- Collective marks, certification marks, and guarantee marks -- Transfer -- National trade mark courts, injunctions, provisional measures, and sanctions -- Annex I: Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 -- Annex II: Council Regulations (EC) No 207/2009 of 29 February 2009 on the Community Trade Mark

Intellectual Property Overlaps

Author : Estelle Derclaye
ISBN : 9781847316516
Genre : Law
File Size : 70. 75 MB
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Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired. The convergence of several IPRs on the same subject-matter poses problems. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.

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