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International Trade Mark and Signs Protection
Author: José de Oliveira Ascensão
Publisher:
Published: 2010
Total Pages: 1352
ISBN-13:
DOWNLOAD EBOOK →This book is concerned with the law of trademarks and related signs, including company names, domain names, indications of geographical origin, work names, and other names. It consists of a series of comprehensive and practical reports from 14 of the world's most important economies - Austria, Belgium, Canada, China, the Czech Republic, France, Germany, Italy, Japan, the Netherlands, Portugal, Russia, Switzerland, and the United Kingdom - each detailing the present state of the law in that jurisdiction. For many multi-national companies, their knowledge of trademarks and signs has never been more important. Infringement of valuable signs and trademarks can lead to multi-million dollar disputes and, correspondingly, large settlements and awards. The book is designed to enable multi-national enterprises to understand the different legal environments in which they operate and to plan their legal and commercial strategies accordingly, avoiding disputes and protecting their own intellectual property assets. Moreover, the book enables communication with foreign advisers and helps to avoid the pitfalls and misunderstandings arising from advice and information given and received across borders. Besides being organized by jurisdiction, the book deals with all types of trademarks or signs, using the same analytical method - formation, cancellation, proprietorship, transfer, license, conflicts between signs, scope of protection, opposition to registration, types of claims, and procedures - and, in respect of each jurisdiction, the authors set out the best strategy for safeguarding the goodwill related to trademarks and signs. The second and third parts of the book offer an overview of modern approaches to the marketing of trademarks and signs, as well as accepted market valuation methods. The system used to organize the account of trademark law in each country facilitates straightforward and quick access to the relevant laws. Within each country report, the authors focus on potential conflicts between signs and trademarks, thus adding to the practical value of the book. The authors are all experienced and well-known experts in their own countries, and their collective approach makes the content clear, coherent, concise, and practical-oriented
International Trade Mark and Signs Protection
Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises
Author: World Intellectual Property Organization
Publisher: WIPO
Published: 2004-10-12
Total Pages: 36
ISBN-13: 9280511521
DOWNLOAD EBOOK →This guide is the first in a series of guides on “Intellectual Property for Business.” It is devoted to trademarks, a central element in the marketing and branding strategy of any company. It seeks to explain trademarks from a business perspective.
The Protection of Non-Traditional Trademarks
Author: Irene Calboli
Publisher: Oxford University Press
Published: 2018-12-19
Total Pages: 433
ISBN-13: 0198826575
DOWNLOAD EBOOK →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.
Trademark Protection and Territoriality Challenges in a Global Economy
Author: Irene Calboli
Publisher: Edward Elgar Publishing
Published: 2014-01-31
Total Pages: 359
ISBN-13: 1781953910
DOWNLOAD EBOOK →The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
Patents as an Incentive for Innovation
Author: Rafal Sikorski
Publisher: Kluwer Law International B.V.
Published: 2021-02-16
Total Pages: 474
ISBN-13: 9403524146
DOWNLOAD EBOOK →Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.
The Cambridge Handbook of International and Comparative Trademark Law
Author: Irene Calboli
Publisher: Cambridge University Press
Published: 2020-09-24
Total Pages: 1176
ISBN-13: 1108502369
DOWNLOAD EBOOK →Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
New Developments in EU and International Copyright Law
Author: Irini A. Stamatoudi
Publisher: Kluwer Law International B.V.
Published: 2016-02-23
Total Pages: 522
ISBN-13: 9041159991
DOWNLOAD EBOOK →More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.
Primer on International Copyright and Related Rights
Author: Jørgen Blomqvist
Publisher: Edward Elgar Publishing
Published: 2014-05-30
Total Pages: 279
ISBN-13: 1783470976
DOWNLOAD EBOOK →This Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.
