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Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions
Holyoak and Torremans Intellectual Property Law provides a complete introduction and overview of UK intellectual property law. It examines how the law has developed through key statutory provisions and leading cases, and highlights the increasing influence of the EU and other international jurisdictions in shaping the law in its global context.
The Modern Law of Trade Marks is a comprehensive guide on trade mark law enabling practitioners to provide clients with effective advice with the best possible support and authority. It includes detailed analysis of important UK and European legislation and decisions, in-depth commentary on the complexities of the Trade Marks Act 1994 and the Madrid Protocol and the CTM Regulation.All aspects of registered trade marks are included, together with information on applications, registration, protections and infringement. Divided into 7 parts, key topics covered are: Background to the Law; Registered Marks; Passing Off; Civil Proceedings; Customs and Criminal Offences; International Treaties; and the Community Trade Mark.New for the 4th edition:* Contains up to date UK legislation, including the Trade Marks Act 1994 (as amended), the Trade Mark Rules 2008 (as amended), the amended Community Trade Mark Regulation 2006 , and the amended Trade Marks (International Registration) Order 2008* Includes the current texts of the Community Trade Mark Regulation and Implementing Regulations, the Trade Mark Harmonisation Directive, the Comparative Advertising Directive, the Regulation and implementing Regulation on the Protection of Geographical Indications and Designations of Origin.* Provides the latest texts of the Madrid Agreement and Protocol, and contain the relevant provisions of the Paris Convention and TRIPs.* Covers all significant national case law and rulings of the CJEU and the General Court, including decisions in L’Oreal v Bellure, the growing series of ‘adword’ and metatag cases, Cipriani, Mastercigars, the manufacturing fiction cases relating to counterfeit goods in transit* Contains rewritten chapters on Passing Off, Criminal Aspects of Trade Mark Law and Border Controls, including a new section on the recently established Company Names Tribunal.* Provides increased coverage on the use of trade marks on the internet and in the context of the internet.
This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.
This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.
The free flow of information and services around the world via the Internet constantly creates new issues and problems, such as rules of jurisdiction and applicable law, how new products and services should be regulated and many more. The sixth edition is updated with numerous new practical examples, cases (court cases and ICO complaint cases), laws and developments, including the following: · new Brexit legislation across all areas from January 2021 (post Brexit on 31 December 2020); · new Data Protection Act replacing Data Protection Act 2018; · new ePrivacy Regulations (PECR); · new ePrivacy Regulation (EU); · transition of EU registered trade marks and designs into new UK IP rights from 1 January 2021 creating new UK IP rights and new UK rightsholders; · changes in seeking IP protection in EU for UK residents; · changes in UK rightsholders seeking to take infringement actions outside of UK; · status of unregistered IP rights post Brexit; · different impacts on different IP rights; · status of UK commercial contracts, interpretation, and enforceability, · status of pre-existing contracts created prior to Brexit and which refer to EU and UK being in EU; · status, extent and scope of new contracts after Brexit; · UK torts and insurance law as impacted by Brexit; · changes in crime, data retention and international issues; · taxation changes, international relations, international Treaties, and EU · competition, internet, and regulator changes – including Brexit; · new UK caselaw; · news UK regulator cases, decision, sanctions and fines; · new EU caselaw. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Written by some of the most eminent IP practitioners, The Modern Law of Patents offers a fresh, and comprehensive exposition of the law relating to patents in the UK and Europe, including before the Unified Patent Court.Updates in the new fourth edition will include:* Supreme Court's decision in Eli Lilly v Actavis [2017] UKSC 48 and the revival of a doctrine of equivalents;* The new threats provisions under the Intellectual Property (Unjustified Threats) Act 2017 and its relationship to malicious prosecution following Willers v Joyce [2016] UKSC 43;* Declarations of obviousness: Fujifilm Kyowa Kirin Biologics v Abbvie Biotechnology Ltd [2017] EWCA Civ* The effect on employee compensation following Shanks v Unilever [2017] EWCA Civ 2;* The Unitary Patent Court, including the Protocol on provisional applications (PPA) and the most recent (18th) draft of the Rules of Procedure;* Developments in IPEC practice, including the costs ramifications of PPL v Hagan [2016] EWHC 3076 (IPEC) [although there is talk of this being reversed by an amendment to the CPR];* The developments in cases on damages and account of profits case law* Standards Patents and FRAND damages: Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat)* Settlements and competition law: T-472/13 Ludbeck ECLI:EU:T:2016:449 (on appeal C-591/16).* An exploration of the likely effects of Brexit on patent law;* All the developments in practice under the Patents Act 1977, the Patent Cooperation Treaty and at the European Patent Office.
An independent guide to the top solicitors, barristers, law firms and barristers' chambers in the United Kingdom.
The Recommendation is the first implementation of WIPO's policy to adapt to the pace of change in the field of industrial property by considering new options for accelerating the development of international harmonized common principles. It provides a set of guidelines for the protection of well-known marks that are recommended to States.
As industries turn increasingly hostile, it is clear that strong brand-building skills are needed to survive and prosper. In David Aaker's pathbreaking book, MANAGING BRAND EQUITY, managers discovered the value of a brand as a strategic asset and a company's primary source of competitive advantage. Now, in this compelling new work, Aaker uses real brand-building cases from Saturn, General Electric, Kodak, Healthy Choice, McDonald's, and others to demonstrate how strong brands have been created and managed. A common pitfall of brand strategists is to focus on brand attributes. Aaker shows how to break out of the box by considering emotional and self-expressive benefits and by introducing the brand-as-person, brand-as-organisation, and brand-as-symbol perspectives. A second pitfall is to ignore the fact that individual brands are part of a larger system consisting of many intertwined and overlapping brands and subbrands. Aaker shows how to manage the "brand system" to achieve clarity and synergy, to adapt to a changing environment, and to leverage brand assets into new markets and products. As executives in a wide range of industries seek to prevent their products and services from becoming commodities, they are recommitting themselves to brands as a foundation of business strategy. This new work will be essential reading for the battle-ready.