Records of the Diplomatic Conference for the Adoption of a New Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration - 2015

Records of the Diplomatic Conference for the Adoption of a New Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration - 2015 PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2020-04-01

Total Pages: 749

ISBN-13: 9280530844

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These records include the texts of the new Act and the Regulations as adopted by the Diplomatic Conference, the text of the Basic Proposal as presented to the Diplomatic Conference, as well as a comparison of the texts of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (of October 31, 1958, as revised at Stockholm on July 14, 1967, and as amended on September 28, 1979) and the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (of May 20, 2015) and the Regulations thereunder.

25 Years of the TRIPS Agreement

25 Years of the TRIPS Agreement PDF

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2021-12-17

Total Pages: 411

ISBN-13: 9403528842

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When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.

The Protection of Geographical Indications in China

The Protection of Geographical Indications in China PDF

Author: Xinzhe Song

Publisher: Kluwer Law International B.V.

Published: 2021-11-23

Total Pages: 579

ISBN-13: 940353401X

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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.

Protection of Geographic Names in International Law and Domain Name System

Protection of Geographic Names in International Law and Domain Name System PDF

Author: Heather Ann Forrest

Publisher: Kluwer Law International B.V.

Published: 2017-03-15

Total Pages: 442

ISBN-13: 9041146970

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Written by internal counsel, for internal counsel: clear, concise and inspirational. Personifies that the “benefit of the bargain” is not simply a game of numbers. Ute Joas Quinn, Associate General Counsel Exploration and Production, Hess Corporation Spot on! A user-friendly book that I was using before I reached the end. It made me think more creatively about all my negotiations to come. A must-read for every current and future in-house counsel. Cyril Dumoulin, Senior Legal Counsel Global Litigation, Shell International A lively, entertaining work. A multi-faceted approach to the art of negotiation. A convincing demonstration of what it is about and how it actually works. Isabelle Hautot, General Counsel International Expertise, Orange Telecom A clear and most comprehensive, not to mention, practical, book on negotiation. I picked it up and could not put it down. Wolf Von Kumberg, former Associate General Counsel and European Legal Director, Northrop Grumman Corporation; Chairman of the Board of Management, Chartered Institute of Arbitrators; Director, American Arbitration Association; Member, ArbDB It has been such a pleasure to read what is destined to inspire in-house counsel and many others for negotiating deals and settlements. It covers the landscape from both theoretical and practical angles. I found myself nodding in recognition and agreement all along the way. Leslie Mooyaart, former General Counsel, KLM Royal Dutch Airlines; former Vice President and General Counsel, APM Terminals (Maersk); Chairman, The New Resolution Group

China in Global Governance of Intellectual Property

China in Global Governance of Intellectual Property PDF

Author: Wenting Cheng

Publisher: Springer Nature

Published: 2023-02-10

Total Pages: 305

ISBN-13: 3031243706

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This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China’s IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China’s global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China’s deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

The Internet and the Emerging Importance of New Forms of Intellectual Property

The Internet and the Emerging Importance of New Forms of Intellectual Property PDF

Author: Susy Frankel

Publisher: Kluwer Law International B.V.

Published: 2016-05-01

Total Pages: 362

ISBN-13: 9041167900

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The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.

The Protection of Geographical Indications

The Protection of Geographical Indications PDF

Author: Michael Blakeney

Publisher: Edward Elgar Publishing

Published: 2014-06-27

Total Pages: 505

ISBN-13: 1782546723

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Geographical indications, or marks designating a product�s place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer

WIPO Magazine, Issue 3/2015 (June)

WIPO Magazine, Issue 3/2015 (June) PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2015-05-13

Total Pages: 32

ISBN-13:

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The WIPO Magazine explores intellectual property, creativity and innovation in action across the world.

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