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Some of the topics comprehensively discussed are: * Trade mark, its various concepts, its meaning, functions and objects. * Brand and logo, as and identity of a product and of a company. * Registration of trade mark, associated mark and certification mark and conditions of registration. * Procedure for registration and the powers of the Registrar. * Exclusive right to use the trade mark. * Infringement of a registered trade mark. Law of passing off. * Assignment and transmission of a trade mark. * Law relating to the use of trade mark. * Rectification and correction of the trade mark register. * Appeals and Intellectual Property Appellate Board. * Penalties for falsifying and falsely applying the trade mark of trade descriptions. * Offences by the companies. * High Courts' powers to quash criminal proceedings. * Registration & Protection of Geographical Indications of Goods. * Interpretative Principles.
The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.
This book has been divided into two sections for easy reading. While the first section gives the essence of WTO Agreements, the second section deals extensively with trade disputes between Member Countries including many involving India. Readers will find it easier to understand the objectives and functioning of WTO after going through the case studies, which also contain additional information on the organisation's core principles and agreements. Thus, the two sections, which can be read independent of each other, reinforce the understanding of the subject.Additional and latest information in the form of boxes, illustrations and tables has been given for a better understanding of the impact of WTO on the policies of Member Countries, and particularly that of India.A detailed glossary, 'snapshot' summaries of case studies, web-based exercises, informative annexures and an index of important words for easy reference besides a list of abbreviations have been given to enable the reader to get a comprehensive understanding of the 'complex' organisation that WTO is.This book is intended to be useful for all those who are interested in knowing more about current issues facing the World Trade Organisation, including those in academia, chambers of commerce, industry organisations and corporate houses.
"The chapters which follow endeavour to deal in some detail with passing off, to provide an outline of the law relating to deceptive trading under section 52 of the Trade Practices Act 1974 (a subject which is discussed in detail elsewhere), and to place it in its relation to passing off and other source doctrines. Lastly, the law of Trade Marks as developed in Australia, is examined."--Page ix