Charting Limitations On Trademark Rights

Author : Sun
Publisher : Oxford University Press
Page : 337 pages
File Size : 40,6 Mb
Release : 2023-05-12
Category : Law
ISBN : 9780198871248

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Charting Limits on Trademark Rights by Sun Pdf

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Author : Haochen Sun,Barton Beebe
Publisher : Oxford University Press
Page : 337 pages
File Size : 55,5 Mb
Release : 2023-04-15
Category : Law
ISBN : 9780192644718

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Charting Limitations on Trademark Rights by Haochen Sun,Barton Beebe Pdf

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Author : Martin Senftleben
Publisher : Kluwer Law International B.V.
Page : 673 pages
File Size : 54,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403523712

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The Copyright / Trademark Interface by Martin Senftleben Pdf

The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.

Author : Kung-Chung Liu
Publisher : Taylor & Francis
Page : 208 pages
File Size : 51,6 Mb
Release : 2022-08-11
Category : Law
ISBN : 9781000601299

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IP Laws and Regimes in Major Asian Economies by Kung-Chung Liu Pdf

This book systematically studies the structural characteristics of IP laws and regimes of major Asian economies, including (but not always) China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Taiwan, and Thailand. It explores and crystallizes some worthy Asian models which could further help the development of international IP laws. This book begins with an overview of Asian modern history and IP laws. It discusses the three basic IP laws in Asia which are patent law, trademark law and copyright law. It looks at the pre-established damages for copyright infringement and trademark counterfeiting. The book also deals with problems with trade secret and its over-protection. It compares IP laws and four industries in India and China, and examines what role have IP laws played in the development in those industries and how India and China can learn from each other. Finally, it examines one medium and one small-sized Asian economy on its respective struggle (Taiwan’s efforts to build a coherent IP exhaustion regime) and a success story (how Singapore has utilized IP to secure its position in global value chains). This book is a useful reference for law students, scholars, practitioners, IP professionals who are interested in knowing Asia, Asian IP laws and industries, their struggles and finding ways to better global IP laws. The case studies could provide helpful lessons for other Asian economies and beyond.

Author : National Industrial Conference Board
Publisher : Unknown
Page : 72 pages
File Size : 53,7 Mb
Release : 1964
Category : Economics
ISBN : UOM:35128000048726

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Cumulative Index of NICB Publications by National Industrial Conference Board Pdf

Author : Cole Nussbaumer Knaflic
Publisher : John Wiley & Sons
Page : 288 pages
File Size : 41,8 Mb
Release : 2015-10-09
Category : Mathematics
ISBN : 9781119002260

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Storytelling with Data by Cole Nussbaumer Knaflic Pdf

Don't simply show your data—tell a story with it! Storytelling with Data teaches you the fundamentals of data visualization and how to communicate effectively with data. You'll discover the power of storytelling and the way to make data a pivotal point in your story. The lessons in this illuminative text are grounded in theory, but made accessible through numerous real-world examples—ready for immediate application to your next graph or presentation. Storytelling is not an inherent skill, especially when it comes to data visualization, and the tools at our disposal don't make it any easier. This book demonstrates how to go beyond conventional tools to reach the root of your data, and how to use your data to create an engaging, informative, compelling story. Specifically, you'll learn how to: Understand the importance of context and audience Determine the appropriate type of graph for your situation Recognize and eliminate the clutter clouding your information Direct your audience's attention to the most important parts of your data Think like a designer and utilize concepts of design in data visualization Leverage the power of storytelling to help your message resonate with your audience Together, the lessons in this book will help you turn your data into high impact visual stories that stick with your audience. Rid your world of ineffective graphs, one exploding 3D pie chart at a time. There is a story in your data—Storytelling with Data will give you the skills and power to tell it!

Author : Anonim
Publisher : Unknown
Page : 156 pages
File Size : 42,6 Mb
Release : 2000-04
Category : Computer software
ISBN : UVA:X004665952

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MSDN Magazine by Anonim Pdf

Author : Rina Elster Pantalony
Publisher : WIPO
Page : 70 pages
File Size : 42,6 Mb
Release : 2013-12-31
Category : Law
ISBN : 9789280524314

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Managing Intellectual Property for Museums by Rina Elster Pantalony Pdf

This Guide, prepared by Rina Elster Pantalony, was recently updated to reflect the tremendous developments since it was first published in 2007, in particular Digital Rights Management, the role of social media as a business opportunity and traditional knowledge. The two-part Guide first describes IP issues relevant to museums then reviews existing business models that could provide museums with appropriate opportunities to create sustainable funding, and deliver on their stated objectives.

Author : Anonim
Publisher : Unknown
Page : 1320 pages
File Size : 53,8 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105063988104

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Current Law Index by Anonim Pdf

Author : Rochelle Cooper Dreyfuss,Jane C. Ginsburg
Publisher : Cambridge University Press
Page : 491 pages
File Size : 51,7 Mb
Release : 2014-06-19
Category : Law
ISBN : 9781107034006

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Intellectual Property at the Edge by Rochelle Cooper Dreyfuss,Jane C. Ginsburg Pdf

Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.

Author : Anonim
Publisher : Unknown
Page : 2072 pages
File Size : 53,8 Mb
Release : 1992
Category : International law
ISBN : IND:30000022561199

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Martindale-Hubbell International Law Directory by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 4234 pages
File Size : 40,8 Mb
Release : 1988
Category : Court calendars
ISBN : STANFORD:36105063031335

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The Martindale-Hubbell Law Directory by Anonim Pdf

Author : Adam Shoalts
Publisher : Penguin
Page : 384 pages
File Size : 53,9 Mb
Release : 2017-10-10
Category : History
ISBN : 9780143194002

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A History of Canada in Ten Maps by Adam Shoalts Pdf

Winner of the 2018 Louise de Kiriline Lawrence Award for Nonfiction Longlisted for the 2018 RBC Taylor Prize Shortlisted for the 2018 Edna Staebler Award for Creative Non-Fiction The sweeping, epic story of the mysterious land that came to be called “Canada” like it’s never been told before. Every map tells a story. And every map has a purpose--it invites us to go somewhere we've never been. It’s an account of what we know, but also a trace of what we long for. Ten Maps conjures the world as it appeared to those who were called upon to map it. What would the new world look like to wandering Vikings, who thought they had drifted into a land of mythical creatures, or Samuel de Champlain, who had no idea of the vastness of the landmass just beyond the treeline? Adam Shoalts, one of Canada’s foremost explorers, tells the stories behind these centuries old maps, and how they came to shape what became “Canada.” It’s a story that will surprise readers, and reveal the Canada we never knew was hidden. It brings to life the characters and the bloody disputes that forged our history, by showing us what the world looked like before it entered the history books. Combining storytelling, cartography, geography, archaeology and of course history, this book shows us Canada in a way we've never seen it before.

Author : Anonim
Publisher : Unknown
Page : 892 pages
File Size : 46,5 Mb
Release : 2001
Category : Application software
ISBN : UVA:X006173080

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Dr. Dobb's Journal by Anonim Pdf

Author : Jeanne C. Fromer,Christopher Sprigman
Publisher : Unknown
Page : 0 pages
File Size : 45,8 Mb
Release : 2023
Category : Copyright
ISBN : 9798852322692

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Copyright Law by Jeanne C. Fromer,Christopher Sprigman Pdf