The Protection of Non-Traditional Trademarks
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.

Concise European Trade Mark Law
Concise European Trade Mark Law

Author: Verena von Bomhard

Publisher: Kluwer Law International B.V.

Published: 2018-09-25

Total Pages: 827

ISBN-13: 904119598X

DOWNLOAD EBOOK

The sweeping changes brought about in 2017 to practice and procedures in European Union trade mark law have precipitated a new edition of this much relied-upon guide to the field. This is the first book to provide comprehensive guidance to the new EU Trade Mark Regulation, including full details on all aspects of substance and procedure, as well as to the new Trade Mark Directive. This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts – available in no other book – as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice Classification, the TRIPS Agreement and the Directive on Enforcement of IP Rights. Providing a complete commentary and a full set of the legal provisions that must be dealt with on a daily basis, obviating recourse to other sources, this new edition will be welcomed by anyone with an interest in the law and practice of trade marks in the European Union.

European Intellectual Property Law
European Intellectual Property Law

Author: Justine Pila

Publisher:

Published: 2019

Total Pages: 712

ISBN-13: 0198831285

DOWNLOAD EBOOK

European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.

EU Trade Mark Law and Product Protection
EU Trade Mark Law and Product Protection

Author: Lavinia Brancusi

Publisher: Taylor & Francis

Published: 2023-07-13

Total Pages: 290

ISBN-13: 1000902927

DOWNLOAD EBOOK

This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

The Cambridge Handbook of International and Comparative Trademark Law
The Cambridge Handbook of International and Comparative Trademark Law

Author: Irene Calboli

Publisher: Cambridge University Press

Published: 2023-03-30

Total Pages: 0

ISBN-13: 9781009293136

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.

The Logic of Legal Argumentation
The Logic of Legal Argumentation

Author: Marko Novak

Publisher: Taylor & Francis

Published: 2024-02-26

Total Pages: 173

ISBN-13: 1003853234

DOWNLOAD EBOOK

Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.

Seville’s EU Intellectual Property Law and Policy
Seville’s EU Intellectual Property Law and Policy

Author: Justine Pila

Publisher: Edward Elgar Publishing

Published: 2022-11-15

Total Pages: 773

ISBN-13: 1788976401

DOWNLOAD EBOOK

Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.

Fairness, Morality and Ordre Public in Intellectual Property
Fairness, Morality and Ordre Public in Intellectual Property

Author: Daniel J.Gervais

Publisher: Edward Elgar Publishing

Published: 2020-04-24

Total Pages: 381

ISBN-13: 1839104376

DOWNLOAD EBOOK

This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.

Research Handbook on Empirical Studies in Intellectual Property Law
Research Handbook on Empirical Studies in Intellectual Property Law

Author: Estelle Derclaye

Publisher: Edward Elgar Publishing

Published: 2023-07-01

Total Pages: 437

ISBN-13: 1802206213

DOWNLOAD EBOOK

This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.