Charting Limitations On Trademark Rights

Author : Sun
Publisher : Oxford University Press
Page : 337 pages
File Size : 40,8 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 : 52,7 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 : 54,7 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 : 53,9 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 : Poorna Mysoor
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 43,7 Mb
Release : 2021-03-04
Category : Law
ISBN : 9780198858195

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Implied Licences in Copyright Law by Poorna Mysoor Pdf

This book develops a systematic way of implying copyright licences and analyses the existing case law in light of these proposed frameworks to demonstrate how the court's reasoning can be made methodical and transparent, testing the methodology in relation to three essential functions on the internet - browsing, hyperlinking, and indexing.

Author : Srividhya Ragavan
Publisher : Oxford University Press
Page : 416 pages
File Size : 49,9 Mb
Release : 2012-08-17
Category : Law
ISBN : 9780199996216

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Patent and Trade Disparities in Developing Countries by Srividhya Ragavan Pdf

In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan examines the interaction between trade and intellectual property regimes (using the patent regime in India as the focal point) in an integrated developmental framework to determine how sustainable economic growth can be achieved in developing countries.

Author : Ruth L. Okediji,Margo A. Bagley
Publisher : Oxford University Press, USA
Page : 770 pages
File Size : 52,7 Mb
Release : 2014
Category : Law
ISBN : 9780199334278

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Patent Law in Global Perspective by Ruth L. Okediji,Margo A. Bagley Pdf

"This text addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives".--

Author : Pascale Chapdelaine
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 46,9 Mb
Release : 2017
Category : Law
ISBN : 0198754795

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Copyright User Rights by Pascale Chapdelaine Pdf

The author defines what copyright user rights are and should be, and why. Addresses contemporary issues of tangibility and intangibility in copyright law, with reference to new kinds of copyright works such as e-books, iTunes, online software, digital-release films.

Author : Cole Nussbaumer Knaflic
Publisher : John Wiley & Sons
Page : 288 pages
File Size : 47,9 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 : Rochelle Cooper Dreyfuss,Jane C. Ginsburg
Publisher : Cambridge University Press
Page : 491 pages
File Size : 40,6 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 : Rajshree Chandra
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 55,8 Mb
Release : 2016
Category : Law
ISBN : 0199459762

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The Cunning of Rights by Rajshree Chandra Pdf

This work analyses the theoretical and philosophical frames of new (biotic) property, and assesses how its altered metaphysics inscribes itself in the politics of genetic resources. It probes how rights get framed within and by law and attempts to uncover the cunning or duplicitous nature of these rightsthe chasm between their intended benefits and their actual outcomes.

Author : Haochen Sun,Barton Carl Beebe,Madhavi Sunder
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 47,6 Mb
Release : 2015
Category : Law
ISBN : 9780199335701

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The Luxury Economy and Intellectual Property by Haochen Sun,Barton Carl Beebe,Madhavi Sunder Pdf

This title explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law.

Author : Stephen H. Haber,Naomi R. Lamoreaux
Publisher : Oxford University Press
Page : 393 pages
File Size : 53,7 Mb
Release : 2021-08-06
Category : Business & Economics
ISBN : 9780197576182

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The Battle over Patents by Stephen H. Haber,Naomi R. Lamoreaux Pdf

An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

Author : National Industrial Conference Board
Publisher : Unknown
Page : 72 pages
File Size : 50,5 Mb
Release : 1964
Category : Economics
ISBN : UOM:35128000048726

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Cumulative Index of NICB Publications by National Industrial Conference Board Pdf

Author : Rina Elster Pantalony
Publisher : WIPO
Page : 70 pages
File Size : 52,9 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.