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This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.
The Convention establishing the World Intellectual Property Organization was signed in Stockholm on July 14, 1967. This book has been written to commemorate the 25th anniversary of that event.
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.
This diverse and insightful volume investigates changing patterns of knowledge management practices and intellectual property regimes across a range of different techno-scientific disciplines and cultures. The book links the practices and regimes of the past with those of contemporary and emerging forms, covering the mid-19th century to the present. The contributors are noted scholars from various disciplines including history of science and technology, intellectual property law, and innovation studies. The chapters offer original perspectives on how proprietary regimes in knowledge production processes have developed as a socio-political phenomenon of modernity, as well as providing an analysis of the way individuals, institutions and techno-sciences interact within this culture. With in-depth analysis, this book will appeal to academics and students of STS (Science, Technology and Society), history of science and technology, business history, innovation studies, law, science and technology policy as well as business studies. Historians of science and technology and business will also find much to interest them in this book.
This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.