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The Joint Recommendation aims at harmonizing and simplifying the formal requirements for the records of trademark licenses and therefore supplements the Trademark Law Treaty (TLT) of October 27, 1994, which is designed to streamline and harmonize formal requirements set by national or regional offices for the filing of national or regional trademark applications, the records of changes, and the renewal of trademark registrations.
The provisions aim at providing a clear legal framework for trademark owners who wish to use their marks on the Internet and to participate in the development of electronic commerce. They are intended to facilitate the application of existing laws relating to marks, and other industrial property rights in signs on the Internet.
Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO.
The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
Trademarks are an essential business tool. This practical guide for small and medium-sized enterprises explains how to use them strategically to help build and protect your brand.
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.
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.
Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs. The fourth edition brings the author's prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge of WTO Members' practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following: • What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark? • What are the limitations on the protection of non visually perceptible marks like sounds, scents and tastes? • What lessons can we learn so far from the Dispute Settlement Mechanism? • What are WTO Members' obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? • How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated. Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition of that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.
2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.
This Guide is primarily intended for applicants for, and holders of, international registrations of marks, as well as officials of the competent administrations of the members of the Madrid Union. It covers the various steps of the international registration procedure and explains the essential provisions of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and the Regulations under the Protocol.