Die Verkehrsdurchsetzung Im Deutschen Und Europ Ischen Markenrecht
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Die Verkehrsdurchsetzung Im Deutschen Und Europ Ischen Markenrecht
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Author : Norman Dauskardt
language : de
Publisher: Mohr Siebeck
Release Date : 2017-10-11
Die Verkehrsdurchsetzung Im Deutschen Und Europ Ischen Markenrecht written by Norman Dauskardt and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-11 with Law categories.
English summary: Trademarks that are devoid of any distinctive character, that are descriptive or represent a common designation cannot be registered. However, these obstacles can be overcome if a trademark has gained distinctiveness through being used. Norman Dauskardt examines the highly controversial requirements set out for this instrument in German and European trademark law. German description: Marken, die keine Unterscheidungskraft aufweisen, die beschreibend sind oder eine ubliche Bezeichnung darstellen, sind von der Eintragung in das Markenregister ausgeschlossen. Diese Eintragungshindernisse konnen uberwunden werden, wenn sich ein Zeichen als Marke im Verkehr durchgesetzt hat. Unter welchen Voraussetzungen eine solche Verkehrsdurchsetzung konkret vorliegt, ist gesetzlich allerdings nicht geregelt. Die Thematik ist deshalb traditionell umstritten. Der europaische Einfluss auf das Markenrecht sowie die Anerkennung innovativer Markenformen (z.B. von Farbmarken) haben den wissenschaftlichen Diskurs neu belebt. Norman Dauskardt untersucht den Tatbestand der Verkehrsdurchsetzung im deutschen und europaischen Markenrecht. Schwerpunktmassig werden dabei die besonders umstrittenen Rechtsfragen, insbesondere der erforderliche Umfang der Verkehrsdurchsetzung sowie dessen Nachweis im Markenverfahren, behandelt und einer Losung zugefuhrt.
The Expulsion Of The Other
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Author : Byung-Chul Han
language : en
Publisher: John Wiley & Sons
Release Date : 2018-01-08
The Expulsion Of The Other written by Byung-Chul Han and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-08 with Philosophy categories.
The days of the Other are over in this age of excessive communication, information and consumption. What used to be the Other, be it as friend, as Eros or as hell, is now indistinguishable from the self in our narcissistic desire to assimilate everything and everyone until there are no boundaries left. The result is a 'terror of the Same', lives in which we no longer pursue knowledge, insight and experience but are instead reduced to the echo chambers and illusory encounters offered by social media. In extreme cases, this feeling of disorientation and senselessness is compensated through self-harm, or even harming others through acts of terrorism. Byung-Chul Han argues that our times are characterized not by external repression but by an internal depression, whereby the destructive pressure comes not from the Other but from the self. It is only by returning to a society of listeners and lovers, by acknowledging and desiring the Other, that we can seek to overcome the isolation and suffering caused by this crushing process of total assimilation.
The Structure Of Intellectual Property Law
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Author : Annette Kur
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
The Structure Of Intellectual Property Law written by Annette Kur 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 2011-01-01 with Law categories.
In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.
Competition Policy And The Economic Approach
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Competition Policy And The Economic Approach written by Josef Drexl 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 2011-01-01 with Business & Economics categories.
This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the .economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more .economic approach' has led to a modernisation of competition law throughout the world. This book comprehensivelyexamines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economicsin the field of competition will also find this book invaluable.
Handbook On The Economics Of Sport
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Author : Wladimir Andreff
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006
Handbook On The Economics Of Sport written by Wladimir Andreff 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 2006 with Sports & Recreation categories.
The editors should be commended for taking on such a big task, and succeeding so well. This book should be in the library of every institution where students have to write a paper that may be related to sport, or on the shelf of any lecturer teaching economics or public finance who has even a remote interest in sport. The material is very accessible, and useful in many different settings. Ruud H. Koning, Jahrbücher f. Nationalökonomie u. Statistik Edward Elgar s brilliant market niche is identifying a topic in economics, finding editors who know the area backwards and challenging them to assemble the best cross-section of relevant articles either already published or newly commissioned. Handbook on the Economics of Sport is Edward Elgar at its very best. If you love economics you ll find many fascinating insights here; if you love sport but know little economics then this book is mostly accessible and will teach you a lot; and if you are a sports-mad economist then you will be in hog heaven. Furthermore, if, like this reviewer, you are broadly very sceptical about the reports consultants produce for governments on the supposed economic windfall from hosting a big event or subsidising a stadium then you will get a lot of good counter-arguments in this volume. Indeed there are several chapters on the above theme that I m sure I ll be copying frequently to government officials in years to come. . . The demand for sport is a fascinating subject and it is hard to pick out just one chapter from the second section. Read them all they make a wonderful 65-page treat. . . Part VI was a real feast, a smorgasbord. . . This is a magnificent piece of work and the 36-page index rounds it all off splendidly. John Blundell, Economic Affairs The book covers the most important areas of research of an emerging economic sub-discipline spanning the past half a century. It serves admirably the purpose of an introduction into the rich and growing area of reflection for all concerned. . . the editors and authors of the Handbook have done a commendable job of accumulating sophisticated material for many economists, managers, politicians and self-conscious fans, who are sure to find excellent training ground for the whole heptathlon. . . This book will be invaluable for advanced students investigating professional sport. From the point of view of lawyers, particularly those engaged with the relationship between law and sports governance, the Handbook offers invaluable analysis of the economic issues that are alluded to in those debates but rarely examined in detail. . . These insights will also prove useful for policy analysts and sports administrators for whom many sections should be considered mandatory reading. Aleksander Sulejewicz, Journal of Contemporary European Research Over 800 pages on the economics of sport. What a feast! What a treat! The editors have done a wonderful job both in terms of breadth from David Beckham to child labour in Pakistan and depth, tournaments and luxury taxes for example. . . The 86 chapters are uniformly of a very high standard and illuminating. And there are real gems in some of the contributions. British Journal on the Economics of Sport This very interesting and comprehensive book achieves its objective, namely to present an overview of research in sports economics at an introductory level. . . [The editors] have produced an excellent reference book that belongs in all academic institutions libraries. It provides extensive introduction to the growing body of literature in the rising field of economics of sport. The book s relevant monographs should be read by institutions, cities and countries prior to their committing major resources towards sports facilities or a sporting event. James Angresano, Journal of Sports Economics One could think of this book as the sports-and-economics counterpart to Joy of Cooking, because it will satisfy the needs of those with a keen interest in such subjects as the
Information Feudalism
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Author : Peter Drahos
language : en
Publisher:
Release Date : 2007
Information Feudalism written by Peter Drahos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Uncovering the story of how a small coterie of multinational corporations came to write the charter for a new global information order, this book demonstrates why the world of intellectual property rights, patent regimes, and antitrust laws is an urgent concern for ordinary citizens.
Essentials Of Trademarks And Unfair Competition
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Author : Dana Shilling
language : en
Publisher: John Wiley & Sons
Release Date : 2002-10-29
Essentials Of Trademarks And Unfair Competition written by Dana Shilling and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-29 with Law categories.
ESSENTIALS OF TRADEMARKS AND UNFAIR COMPETITION Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in trademarks and unfair competition. "This is an extremely well-conceived, clearly written, and authoritative presentation of several related intellectual property disciplines. It will be valuable both to business executives and nonspecialized lawyers. Serious readers should get up to speed rapidly because Ms. Shilling focuses on the real issues in an effective, user-friendly manner." —Robert Goldscheider, Chairman, The International Licensing Network "Dana Shilling has written a work that should be the new, first stop for junior associates or experienced general practitioners alike delving into their first serious engagement with the law of trademark and unfair competition. In a terse but accessible style she has touched on most of the major issues in these developing areas and has done so with a minimum of jargon, 'inside baseball,' and bias in an area rife with vested litigation and economic interests. No other book presently available fits quite this niche." —Ronald D. Coleman, Partner, Intellectual Property Department, Gibney, Anthony & Flaherty LLP The Wiley Essentials Series-because the business world is always changing...and so should you.
The Future Of Intellectual Property
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Author : Daniel J. Gervais
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-05-28
The Future Of Intellectual Property written by Daniel J. Gervais 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 2021-05-28 with Law categories.
This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.
Trademarks And Unfair Competition
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Author : Graeme B. Dinwoodie
language : en
Publisher: Aspen Publishers
Release Date : 2014
Trademarks And Unfair Competition written by Graeme B. Dinwoodie and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Competition, Unfair categories.
Features: Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. The clear structure is divided into three parts: foundation and purposes, creation, and scope and& enforcement Traditional case-and-note format, enhanced by summarizing problems that help students better understand the intricacies of key topics. Features numerous Internet-related trademark issues, such as cybersquatting, keyword advertising, and domain name disputes. Also addresses the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay Integrates international trademark issues with domestic issues Thoroughly treats trade dress protection, integrated with issues of word mark protection New to the Fourth Edition: The Second Circuit's important decision in Louboutin v. YSL Important new appellate decisions on functionality, including the Federal Circuit's Becton Dickinson opinion and the decision of the Seventh Circuit in Franco and Sons The Fourth Circuit's decision in Rosetta Stone on trademark liability for keyword advertising The Eleventh Circuit's University of Alabama opinion on First Amendment limitations on the scope of trademark rights Cases exploring trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names New applications of the trademark dilution and anti-cybersquatting provisions New cases on remedies
Commercial Law Of Intellectual Property
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Author : Peter A. Alces
language : en
Publisher: Wolters Kluwer
Release Date : 1994-01-01
Commercial Law Of Intellectual Property written by Peter A. Alces and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Law categories.
Commercial legislation and intellectual property principles are experiencing dramatic adjustment as a result of technological, social, and legislative innovation. The Commercial Law of Intellectual Property provides comprehensive, in-depth analysis of the intersection of commercial law and intellectual property rights, including discussion of all applicable U.C.C. sections and other relevant legislation, as well as discussion of hundreds of cases in which intellectual property interests have been subject to U.C.C. provisions, with attention to such critical areas as: Intellectual property licensing, including shrink-wrap and click-wrap license agreements Licenses and other licensing arrangements that some courts view as valid contracts and others do not Representation, fitness, and disclaimer of liability in warranties, with special reference to computer systems and other intellectual property sales, leases, and licenses Unconscionability in the formation of intellectual property sales agreements Application of U.C.C. Article 2 and U.C.C. Article 2A to intellectual property Formation and performance terms of sales and lease contracts involving intellectual property Third-party interests in sales and lease transactions involving intellectual property Performance, repudiation, and excuse in intellectual property sales and lease contracts Intellectual property damages