The Protection Of Non Traditional Trademarks
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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.
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 : 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: Oxford University Press
Release Date : 2018-10-25
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 2018-10-25 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.
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.
Marques 3d Et Autres Marques Non Traditionnelles 3d Trademarks And Other Non Traditional Trademarks
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Author : Eric Meier
language : fr
Publisher: Jacques de Werra
Release Date : 2019-01-01
Marques 3d Et Autres Marques Non Traditionnelles 3d Trademarks And Other Non Traditional Trademarks written by Eric Meier and has been published by Jacques de Werra this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-01 with Law categories.
Marques de commerce — Propriété industrielle — Modélisation tridimensionnelle — Propriété intellectuelle — Suisse — Etats-Unis — International — Protection des marques — Marque de forme — 3d — Droit communautaire — Marque de position — Marque sonore — Couleur — Marque de mouvement — USA — Suisse(État)
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
Joint Recommendation Concerning Provisions On The Protection Of Well Known Marks
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2000
Joint Recommendation Concerning Provisions On The Protection Of Well Known Marks written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Competition, Unfair categories.
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.
Trademark Dilution
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Author : Amir Friedman
language : en
Publisher: Austin Macauley Publishers
Release Date : 2022-05-31
Trademark Dilution written by Amir Friedman and has been published by Austin Macauley Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Law categories.
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.
Trade Mark Law
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Author : Jeremy Phillips
language : en
Publisher: OUP Oxford
Release Date : 2003-12-11
Trade Mark Law written by Jeremy Phillips and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-12-11 with Law categories.
This practical, thorough, and detailed account of the key issues facing trade mark use is written by one of the leading authorities on the subject. Drawing on British, European, and US law, plus other sources, the author considers both the problems that trade mark law causes in business and commerce and how to solve them. Written in a fluent and approachable style, the work contains useful flow charts, examples, and vignettes to capture the essence of trade mark law as it operates in practice.