Certification And Collective Marks
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Certification And Collective Marks
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Author : Jeffrey Belson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-10-27
Certification And Collective Marks written by Jeffrey Belson 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 2017-10-27 with Law categories.
Certification and Collective Marks is a thoroughly updated and augmented edition of Certification Marks, first published in 2002. This comprehensive study forms a wide-ranging inquiry, with comparisons of the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. This publication is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products.
Certification Marks
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Author : Jeffrey Belson
language : en
Publisher: Sweet & Maxwell
Release Date : 2002
Certification Marks written by Jeffrey Belson and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Antiques & Collectibles categories.
Certification of web sites plays an important role in Internet security. A certification mark is a guarantee that goods or services, in connection with which the mark is used, comply with certain standards. Certification marks are classed as a special category of trade mark. While they have existed under US and UK law, and the laws of many European and other countries, for almost 100 years, there is currently no publication focusing specifically on the subject. Certification Marks discusses the current state of law in this area, placing it in an historical and commercial context. Particular effort is made to examine several unresolved issues which look set to play important roles in the future, especially EU certification and harmonisation and electronic certification.
Anglo And E U Frameworks For Certification And Collective Trade Marks
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Author : Graeme W. Austin
language : en
Publisher:
Release Date : 2019
Anglo And E U Frameworks For Certification And Collective Trade Marks written by Graeme W. Austin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Ordinary trademarks promise consistent quality. This promise is the quid pro quo for the trademark proprietors' right to control the goodwill symbolized by the mark. Subject to external regulatory controls (safety standards, truth in labeling laws, etc.), it is largely up to the trademark proprietor to set those standards. If a firm wants to attach its brand to a chocolate product containing low levels of cocoa butter, that is its prerogative. It will be motivated to do so if consumers signal their approval with purchases. Certification trademarks, in contrast, promise consumers consistency with a pre-defined set of standards. This chapter, to be published in the Cambridge Handbook on International and Comparative Trademark Law (Ginsburg and Calboli eds.) discusses certification and collective marks in the Anglo tradition. The Anglo tradition will be illustrated by the provisions in the U.K. Trade Marks Act 1994, but reference will be made to the laws of other common law jurisdictions where there are salient distinctions. The chapter also outlines the new European Union framework. It discusses some of the important characteristics of these marks, focusing on the application of the distinctiveness standard for certification marks as well as any relevant controls on the administration of this species of trademark. Finally, the chapter briefly considers infringement issues. It concludes with some brief reflections on the social role of certification trademarks as “private governance” vehicles.
Trademark Manual Of Examining Procedure Tmep
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Author : United States. Patent and Trademark Office
language : en
Publisher:
Release Date : 1997
Trademark Manual Of Examining Procedure Tmep written by United States. Patent and Trademark Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Trademarks categories.
The Protection Of Geographical Indications In China
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Author : Xinzhe Song
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-23
The Protection Of Geographical Indications In China written by Xinzhe Song 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 2021-11-23 with Law categories.
For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.
Intellectual Property Protection Of Traditional Cultural Expressions
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Author : Luo Li
language : en
Publisher: Springer Science & Business
Release Date : 2014-04-22
Intellectual Property Protection Of Traditional Cultural Expressions written by Luo Li and has been published by Springer Science & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-22 with Law categories.
The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.
Intellectual Property Rights And Food Security
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Author : Michael Blakeney
language : en
Publisher: CABI
Release Date : 2009
Intellectual Property Rights And Food Security written by Michael Blakeney and has been published by CABI this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Social Science categories.
This book examines the contribution which intellectual property rights can make in the struggle for food security in developing countries. The book consists of 11 chapters. Chapter 1 locates intellectual property rights within the armoury of food security policies. Chapter 2 deals with definitional issues and examines the role of intellectual property rights in incentivizing agricultural research and development. Chapter 3 examines the international landscape of intellectual property and the approaches taken to the relationship between intellectual property rights, agricultural biotechnology, access to biological resources, food security and globalization which are taken by the WTO, FAO, CBD and WIPO among the various international and development agencies. Plant variety rights (PVRs) are a specially created form of intellectual property right originally minted to encourage agricultural innovation and Chapter 4 examines the effectiveness of PVRs in a food security context. Agricultural innovation is in part dependent upon access of researchers to the genetic resources of the biodiverse countries of the South. Chapter 5 considers the attempts to construct an international regime to secure this access. The important role of traditional farmers in preserving landraces and cultivars from which improvements can be derived has generated for a call for the recognition of farmers' rights, and this is examined in Chapter 6 together with agitation for the protection of the traditional knowledge which often informs access to the useful genetic resources. Chapter 7 examines the intellectual property implications of the use of genetically modified (GM) crops as a technological solution to food insecurity. The protection of GM crops is achieved through patent protection and Chapter 9 looks at the competition law implications of patent licensing, patent pools and patent thickets. An old intellectual property device that underpinned the commercial development of European agricultural marketing is the geographical indication, and Chapter 8 examines the contribution it might make to achieving food security. Returning to the theme of the role of intellectual property law in incentivizing innovation, Chapter 10 examines its role in promoting agricultural research. The concluding chapter proposes a number of recommendations for action in deploying intellectual property law in the struggle for food security.
Blackstone S Statutes On Intellectual Property
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Author : Andrew Christie
language : en
Publisher: Oxford University Press
Release Date : 2016
Blackstone S Statutes On Intellectual Property written by Andrew Christie 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 2016 with Law categories.
This volume gives coverage of UK and international intellectual property law, containing all the up-to-date legislation relevant to undergraduate law degrees.
Legal Regime Of Geographical Indications In India
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Author : Dr. Avon Kumar Vaid
language : en
Publisher: Academic Guru Publishing House
Release Date : 2023-08-02
Legal Regime Of Geographical Indications In India written by Dr. Avon Kumar Vaid and has been published by Academic Guru Publishing House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-02 with Study Aids categories.
An indicator of a product's geographical origins and any distinctive characteristics or reputations associated with that origin is known as a geographical representation. A geographical indicator is primarily provided to manufactured, organic, and handcrafted products originating from a certain geographic region. Geographical indications (G.I.) constitute one of the types of intellectual property rights (IPR) that designate an item as coming from a certain region, locale, or country's territory, where a certain quality, prestige, or other aspect of the product is primarily attributable towards its geographical origins. This book had been written with the intention to help the students of the related field. This book can be helpful to reader's that are studying or aiming to build a career in the respective field. The main aim of the book is to cover all the important topic in a simple and easy way to be able to understand.
Intellectual Property And Competitive Strategies In The 21st Century
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Author : Shahid Alikhan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Intellectual Property And Competitive Strategies In The 21st Century written by Shahid Alikhan 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 2009-01-01 with Law categories.
It is scarcely five years since the first edition of this book, a milestone in the strategy-oriented approach to intellectual property at the global level, appeared and was quickly and widely welcomed as virtually an intellectual property agenda for the 21st century. This second edition includes a judicious update of the original data and analysis in light of the significant movement forward that has taken place over the past few years in many of the critical areas that shape the competitive strategies in the use of IP Rights. The authors have lost none of their conviction of the necessity to enhance awareness of the techno-economic effects of intellectual property rights protection on enterprise competitiveness and national growth and development. The book provides a panoramic but detailed view of the worldands intellectual property system that embraces socioeconomic, cultural and technological development in its scope, clarifying the pitfalls and challenges that the system presents even as it promises to improve the quality of life on our planet. The authors both internationally respected and honoured for their work in elucidating the economic necessity of an intellectual property system that can inspire universal confidence, emphasize the imperative of international competiveness in knowledge-based technology. In their orderly presentation of the key issues that promote the real benefits (not yet achieved) of a truly effective regime of intellectual property rights they discuss such factors as the following: the use of intellectual property as an integral part of business strategy; optimal utilization of intellectual property assets; the incentives and rewards of andfair playand in the marketplace; facilitation of widespread diffusion and adoption of the fruits of creativity and innovation; the crucial role of small and medium enterprises; the need at every level for deliberate incentive policies that encourage creativity and invention; strict enforcement of intellectual property rights; creating linkages between intellectual property stakeholders; and use of patent information for forecasting technology trends. These issues and recommendations and more are all discussed in a framework that highlights each of the major areas of knowledge in which intellectual property rights are most insistently invoked today, such as the digital economy, e-commerce, Internet domain names, database protection, protection of plant varieties, design of integrated circuits, biotechnology, and nanotechnology. Ultimately, however, this outstanding workands most important contribution lies in its vision of the organic corporation of governments, institutions, supranational organizations, multinational corporations, small and medium enterprises, and civil society as they collectively fashion a 21st century in which creativity and innovation are enabled to convert knowledge into wealth and social good. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, this new, updated edition of Intellectual Property and Competitive Strategies in the 21stCentury will continue to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.