Analysis Of Non Traditional Trademarks In North American Countries
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Analysis Of Non Traditional Trademarks In North American Countries
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Author : Guillermo Bosch Canto
language : en
Publisher:
Release Date : 2007
Analysis Of Non Traditional Trademarks In North American Countries written by Guillermo Bosch Canto and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Intellectual property categories.
The purpose of this thesis is to study the Intellectual Property rights, in particular with trademark protection applied to non-traditional marks. Is the traditional theory of trademarks really protecting all the signs that can be used to distinguish wares and services? Is the reality of commerce compatible with the legal theory of the so called traditional trademarks? There are other marks different to those commonly recognized by law, that are capable to be used as trademarks but they are not recognized and therefore they have no legal protection under the scope of Intellectual Property Rights. The purpose of this thesis is to put forward some reflections on the present state of the existence of these "non-traditional trademarks" and the legal effects that they produce in Mexico, Canada and the United States of America.
The Protection Of Non Traditional Trademarks
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Author : Irene Calboli
language : en
Publisher: Oxford University Press
Release Date : 2019-01-11
The Protection Of Non Traditional Trademarks written by Irene Calboli and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-11 with Law categories.
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.
The Protection Of Non Traditional Trademarks
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Author : Irene Calboli
language : en
Publisher:
Release Date : 2019
The Protection Of Non Traditional Trademarks written by Irene Calboli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Intellectual property (International law) categories.
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 text provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level.
The Protection Of Non Traditional Trademarks
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Author : Irene Calboli
language : en
Publisher: Oxford University Press
Release Date : 2018-12-19
The Protection Of Non Traditional Trademarks written by Irene Calboli and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-19 with Law categories.
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.
Fundamentals Of United States Intellectual Property Law Copyright Patent And Trademark
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Author : Amanda Reid
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-10
Fundamentals Of United States Intellectual Property Law Copyright Patent And Trademark written by Amanda Reid and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-10 with Law categories.
Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Eu Trade Mark Law And Product Protection
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Author : Lavinia Brancusi
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-13
Eu Trade Mark Law And Product Protection written by Lavinia Brancusi and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Law categories.
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
Yearbook Of European Law 2009
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Author : Herbert Smith Professor of Law Piet Eeckhout
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-02-25
Yearbook Of European Law 2009 written by Herbert Smith Professor of Law Piet Eeckhout and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-25 with Language Arts & Disciplines categories.
Now in its 28th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice. This year's issue includes a special symposium on the recent Kadi case in the European Court of Justice, with contributions by Giorgio Gaja, Christian Tomuschat, Enzo Cannizzaro, Riccardo Pavoni and Martin Scheinin.
Global Intellectual Property Law
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Author : Graham Dutfield
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
Global Intellectual Property Law written by Graham Dutfield and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
. . . the book is enlightening for practitioners who are often required to take into account global considerations when advising clients. . . It would be of particular interest to policy-makers in the intellectual property field. Australian Intellectual Property Law Bulletin Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book s detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues. Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China Today global intellectual property rules affect everything from poor people s access to essential medicines to farmers rights in seeds to access to knowledge on the Internet. But at the same time that pundits declare that intellectual property has come of age, this body of law is more contested than ever, with critics asking whether intellectual property is even necessary to stimulate innovation, and whether and how intellectual property ought to be tailored to address the health and developmental needs of the global South. Dutfield and Suthersanen s Global Intellectual Property Law is a timely and lucid contribution to the field. This tome covers every hot button area of international intellectual property law and policy, from debates over the affect of intellectual property on development, to controversy over biotechnology and property rights in life, to claims by indigenous people and developing countries for new property rights in traditional knowledge. Dutfield and Suthersanen describe the current terrain, comparing North American, European, and developing world approaches; much to their credit, they do not shy away from describing points of tension among global actors. Global Intellectual Property Law is a must have for scholars and practitioners in the field for whom, I anticipate, the book will become a trusted and oft-used reference on their bookshelf. The book is clearly written and engaging enough to be perfect for students or laypersons interested in acquiring a comprehensive and critical appraisal of the field. Madhavi Sunder, University of California, Davis, US Dutfield and Suthersanen have succeeded in writing an engaging treatise that offers a truly modern perspective on intellectual property today. With examples from every continent, from every level of jurisdiction (national, regional, international), their study covers all the traditional fundamentals of intellectual property law as well as the current critical interrogations that their development raises. It is a book with character. Ysolde Gendreau, Université de Montréal, Canada Global Intellectual Property Law by Dutfield and Suthersanen provides a broad overview of the issues at stake concerning fair and effective ways to organize the information resources upon which the well-being of us all depends. The book highlights international and comparative perspectives on IP law and policy. Although primarily targeted at postgraduate level students, the book is enlightening also for practitioners, and a must-read for all policy makers and opinion leaders in the IP field. Thomas Dreier, University of Karlsruhe, Germany Globalisation of trade means that intangible informational resources are now produced, bartered and consumed anywhere and everywhere defying jurisdictional borders. Intellectual property has moved into the mainstream of national economic and developmental planning; in the recent past it has also emerged as the central impetus in multilateral
Reforming Intellectual Property
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Author : Ghidini, Gustavo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-06
Reforming Intellectual Property written by Ghidini, Gustavo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Law categories.
Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.
Research Handbook On The Law And Economics Of Trademark Law
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Author : Glynn S. Lunney Jr.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
Research Handbook On The Law And Economics Of Trademark Law written by Glynn S. Lunney Jr. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.