Relevant bibliographies by topics / LAW / Intellectual Property / Trademark

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'LAW / Intellectual Property / Trademark'

Author: Grafiati
Published: 4 June 2021
Last updated: 29 January 2023

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Journal articles on the topic "LAW / Intellectual Property / Trademark"

1

Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Journal of Asian Research 3, no. 2 (April 3, 2019): 95. http://dx.doi.org/10.22158/jar.v3n2p95.

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<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>
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Shuju, FU. "Music Trademark: New Development of Intellectual Property in Digital Economy." World Journal of Social Science Research 9, no. 2 (June 1, 2022): p64. http://dx.doi.org/10.22158/wjssr.v9n2p64.

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With the vigorous development of digital economy, the enterprise must pay more attention to the Internet instead of totally the traditional way, and new types of trademarks, especially music trademark, can attract the attention of consumers more than traditional trademarks. But situation is different in different countries and international organization. This paper takes China and the European Union as the research objects, and observes the specific standards in the practical operation of registering new trademarks such as music trademarks both in China and in the European Union through studying a large number of cases and analyzing local laws in comparative study. In China, a music that wants to be registered as a trademark needs to have at least three requirements: legitimacy, distinctive and long-term and heavy use. EU and its member states have different requirements for whether a music is allowed to be registered as a trademark. When member states want to make their own trademark law according to the EU law, they have their own domestic practices and customs of the member states so they finally formed the different trademark legal system from each other. However, music is now generally accepted as a registered trademark in the European Union.
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Kopp, Steven W., and Tracy A. Suter. "Trademark Strategies Online: Implications for Intellectual Property Protection." Journal of Public Policy & Marketing 19, no. 1 (April 2000): 119–31. http://dx.doi.org/10.1509/jppm.19.1.119.16935.

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The growth and increasingly mainstream appeal of various aspects of the Internet could have a lasting effect on a firm's marketing mix. The authors address one of the external environmental factors that marketing and brand managers, as well as public policymakers, should continually monitor as the online community further develops: trademark law. As managers attempt to leverage the value of the trademarked brand, the authors examine the impact of the current state of technology and the law to understand the reach of current legal interpretations and the implications for present and future trademark strategy online.
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Heath, Christopher. "Trademark rights in Europe." European Review of Private Law 4, Issue 4 (December 1, 1996): 289–338. http://dx.doi.org/10.54648/146740.

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After explaining the international framework for intellectual property protection – with particular reference to trademarks – the article focusses more closely on the European position. The measures for harmonisation of trademarks and other related marks are explained. These include a directive on the harmonisation of national trademark laws, which harmonises certain aspects of substantive law but leaves matters of procedure unharmonised, and a regulation establishing a Community Trademark which can be obtained through the Trademark Office in Alicante, Spain. The procedures for obtaining, opposing and cancelling a Community Trademark are detailed as well as the main features of the substantive law system under the Regulation and Directive. The remainder of the article then discusses certain important areas. The Regulation and Directive have provisions on the protection of well-known marks or marks having a reputation. The meaning of this is considered from a comparative standpoint. Finally the problems arising in relation to the clash between free movement of goods and the protection of intellectual property rights are analyzed with particular reference to the case law of the European Court.
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Novianti, Henny, Joko Sriwidodo, and Sartono Sartono. "Perlindungan Hukum Terhadap Persamaan Pemegang Hak Atas Merek Dalam Persaingan Dagang." JOURNAL of LEGAL RESEARCH 4, no. 2 (March 28, 2022): 309–28. http://dx.doi.org/10.15408/jlr.v4i2.25410.

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Regarding the critical nature of trademark reform, Indonesia participated in the World Intellectual Property Organization's approval of the International Trademark Agreement (WIPO). The 1992 Trademark Law was updated in 1997 by Law No. 10 Resolution No. 14 of 1997, which takes into account the provisions of the International Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS-GATT). This clause protects the origin and geographical indicators of products. Additionally, the provision modifies the former in the preceding law. With regards to trademarks in Indonesia Each user has the ability to trademark his or her name. According to Article 3 of Law No. 20 of 2016 on Marks, trademark rights are granted to registered trademark owners, indicating that the brand system in Indonesia is a constitutive (active) system, with registered trademark owners being trademark rights holders. The registered mark's owner, as the mark's holder, either uses the mark himself or grants authorization to others to do so. Additionally, Article 40 of Law No. 20 of 2016 on Marks and Geographical Indications provides that trademark rights may be transferred in accordance with the Act's provisions.
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Tverezenko, Olena. "Exercise of economic intellectual property rights to wellknown trademarks." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 62–72. http://dx.doi.org/10.33731/62020.233966.

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The exercise of intellectual property rights is the realization bythe subject of intellectual property rights of moral and / or economic intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by the Civil Code of Ukraine and other laws. The exercise of intellectualproperty rights is also the realization of economic intellectual propertyrights by other persons on the basis of the permission of the person who has the rightto allow the use of such object of intellectual property rights.The Law «On Amendments to Certain Legislative Acts of Ukraine ConcerningStrengthening the Protection and Protection of Rights to Trademarks and IndustrialDesigns and Counteraction to Patent Trolling» (which entered into force on August16, 2020) has аmended the Law of Ukraine «On Protection of Rights to Marks forGoods and Services» (hereinafter — the Law). The amendments have removed theprovision that a well-known trademark receives the same legal protection as thetrademark for which the certificate is issued. Such changes have created a gap in thelegislation in part of defining what does the exercising of intellectual property rightsto well-known trademarks include.In this connection the following questions arise: (1) can the right to use a wellknownmark (as well as the mark for which the certificate is issued) be the subject ofa license agreement, a commercial concession agreement; (2) whether it is possible tocontribute economic intellectual property rights to a well-known trademark to the authorizedcapital of a legal entity; (3) whether it is possible to transfer such rights onthe basis of an agreement on the transfer of economic intellectual property rights or to provide as collateral. We believe that these issues should be addressed through theadoption of appropriate amendments to Art. 25 of the Law.In our opinion, the right to use a well-known trademark may be the subject of licenseagreements and commercial concession agreements. According to the currentlegislation of Ukraine, it is impossible to transfer economic intellectual propertyrights to a well-known mark to another person.It is expedient to make changes to Art. 25 of the Law, which would provide necessityof creation and functioning of the State register of Ukraine of well-knowntrade marks.The introduction of the proposed amendments to the legislation of Ukraine in thefield of economic intellectual property will help to improve the relevant legal relationsrelated to the exercise of property rights to well-known trademarks.Key words: trademark, well-known trademark, economic intellectual propertyrights, exercise of economic intellectual property rights, assignment (transfer) of economicrights of intellectual property
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7

Ngô, Tín Minh, and Thảo Thị Thu Trần. "Provisions on establishing rights to scent trademark of the US and European Union law - Experience for Vietnam." Science & Technology Development Journal - Economics - Law and Management 5, no. 2 (April 18, 2021): 1392–97. http://dx.doi.org/10.32508/stdjelm.v5i2.742.

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Based on the perspective of analyzing the provisions of the laws of the United States and the laws of the European Union, as well as the practice of protecting non-traditional trademarks in the United States and the European Union, in particular intellectual property rights to the Scent trademark, proposals are made for Vietnam in the process of completing legal provisions, processes, methods of assessment and establishing the rights of Scent trademark rights to meet the global trend and domestic law requirements under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership's commitments. Accordingly, in the negotiation rounds of the Trans-Pacific Partnership Agreement (the precursor of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership), the parties participating in the negotiation often disagree on the scope of protection of intellectual property rights, and non-traditional trademarks, sound trademarks, scent trademarks in particular. This is also one of the important reasons for the failure of negotiations and the withdrawal from the US Agreement. Besides, in the future, intellectual property rights and trademark rights, non-traditional trademarks in particular, will continue to be important negotiating topics that determine the success of the new generation of the free trade agreement. Therefore, the early improvement of the legal system in the establishment and protection of the rights to this object contributes to helping Vietnam be more active in negotiation.
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Scassa, Teresa. "Trademarks Worth a Thousand Words : Freedom of Expression and the Use of the Trademarks of Others." Les Cahiers de droit 53, no. 4 (November 16, 2012): 877–907. http://dx.doi.org/10.7202/1013011ar.

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Trademarks play an important role in facilitating critical speech in an increasingly corporate capitalist society. Not only do they serve as markers for expressive content on the Internet, they can also be used as vehicles for the communication of critical messages about the trademark owner or its products or services. In this paper, the author examines the implicit balance in the Trade-marks Act between freedom of expression values and trademark rights, and argues that it is being significantly altered by the contemporary push for greater trademark protection. The author identifies specific problems that emerge from Canadian case law relating to freedom of expression and trademark law. These include the treatment by courts of intellectual property rights as private property rights, inattention to the trademark/copyright overlap, the troublesome distinction between commercial and non-commercial uses, and the phenomenon of trademark bullying. The author argues for a sharp evolution in Canadian case law that would establish clear parameters for critical speech using trademarks.
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Kamal, Mustofa, and Efridani Lubis. "Legal Protection of Government Agency Logo: Intellectual Property Law Versus State Financial Law." JURNAL ILMIAH LIVING LAW 12, no. 1 (January 31, 2020): 87. http://dx.doi.org/10.30997/jill.v12i1.2124.

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This study aims to determine the legal protection of the government agency logo according to intellectual property law according to state financial law and to find out the harmonization strategy of legal protection of government agency logos between according to intellectual property law and according to state financial law. Qualitative research is carried out using the applied law research approach. The results showed that the logo of government agencies is the result of intellectual property that can become a trademark or copyright. Repressive intellectual property legal protection can be done if preventive legal protection has been done through trademark registration or copyright. While legal protection for state finances can be done if the logos of government agencies become part of intangible assets. Government agencies are required to safeguard intangible assets through administrative safeguards, in the form of bookkeeping in financial statements, and legal safeguards, in the form of registering and storing proof of trademark certificates or copyrights. If these two safeguards are carried out, harmonization between legal protection according to state financial law and intellectual property law has taken place. Preventive and repressive protection of agency logos as intangible assets can be optimized. Keywords: agency logos, intangible assets, legal
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Nwabueze, Caroline Joëlle. "Challenges of Transnational Trademark Law Practice: The Case of Nigerian Companies’ Brands in OAPI States." Revue générale de droit 45, no. 1 (July 8, 2015): 321–47. http://dx.doi.org/10.7202/1032041ar.

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Nigeria industrial growth has turned the country into an indispensable economic support for its neighbours. Only for the case of Cameroon, Nigeria has been the leading supplier with respectively 22% and 17.8% of imports in 2011 and 2012 with trade amounting to 328 billion FCFA per annum. This results in part from Nigerian companies’ exportations in local markets. Nigerian trademarks related to cosmetics, furniture, electronics, and pharmaceutical goods abound in neighbouring countries. However, a strengthening of Nigerian companies in regional markets encompasses strategies to avoid infringing on the trademark rights. Such strategies should include the consideration of special trademarks features by different institutions of the intellectual property (IP) system in the relevant neighbour export markets. This is by the mere fact that the legal status of those goods, although physical property, relies mainly on the material law applicable, which is trademark in the present case. Because the principle of territoriality requires that trademark protection be sought in the place where the goods are sold—and trademark applications filed in each country in which protection is sought—, Nigerian companies planning to outsource some business activity in neighbour markets will seek compliance with trademarks norms applicable in the Organisation africaine de la propriété intellectuelle (OAPI) of which those countries—Benin, Cameroon, Chad, and Guinea—are part. The trade partnership between companies from a common law trademark background on one hand, and civil law intellectual property community on the other, inevitably raises some frictions and trademarks issues. This article analyses the trademark challenges arising from Nigerian companies’ business decision to enter OAPI markets and export goods and services. The article firstly underlines the issues to be taken into consideration, including registration and enforcement of the companies’ marks in OAPI. Then the paper simultaneously reviews the dissimilarities issues between the Nigerian Trademark Act and the OAPI Trademark System to which the Nigerian companies are confronted. If trademark protection makes it easier for an enterprise to access transnational markets, the establishment of a Trademark Community with neighbouring countries helps for sure national industries to establish partnerships with other firms for sustainable development in the areas such as production, marketing, distribution or delivery of goods and services. In light of the trademark harmonisation in the European Union internal market, the present paper concludes by recommending the creation of a Trademark Community in the West and Central African region between Nigeria and its neighbouring countries.
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Dissertations / Theses on the topic "LAW / Intellectual Property / Trademark"

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Ekrt, Ondřej. "Trademark and Design Protection of Applied Art." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-352497.

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The aim of the thesis is to analyse suitability of trademarks and designs for protection of products’ appearance, name its advantages and disadvantages and identify and discuss conditions that must be fulfilled for an appearance of a product to be protected by each of the two mentioned types of protection. The thesis further aims to ascertain whether it is, in general, more difficult to obtain a trademark or a design protection of products bearing in mind difficulties that may arise during the registration process. The thesis focuses mainly on the European Union trademarks and Community designs.   Further, the scope of protection conferred by both instruments is analysed and evaluated and it should be determined which type of protection confers a wider protection on its owner. The thesis also aims to respond a question “which of the analysed intellectual property law instruments is more suitable and favourable for protecting an appearance of products.” Therefore, based on this thesis, users of trademarks and designs should be able to decide which of these two types of protection they should use in order to protect their products or products of their clients.
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Wokekoro, Victor Dike, and Bekibele Onome White. "Intellectual Property Protection : an External Factor that Influences a Foreign Company’s Market Entry Mode into a Prospective Market." Thesis, Högskolan Dalarna, Företagsekonomi, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:du-5216.

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Intellectual Property Protection is been understood in this paper as IP laws and enforcement of these laws in order to protect intellectual property rights. The goal of this research work is to understand how Swedish companies view issues regarding to Intellectual Property Protection (IPP) and how it influences a foreign company?s market entry mode. In order to achieve this objective, the Nigerian market situation and its? laws that govern IPP will be used to analyzed this issue. This paper argues that IPP is an important factor that influences a company?s entry mode and this argument finds IP laws and enforcement as two variables that influence the market while the market situation influences the foreign company. In carrying out this research literature was reviewed and interviews carried out. The research methodology section has presented a qualitative research and explains the nature of the interview stages that have been used to achieve the goals concerning the findings of the empirical data. A qualitative method was adopted by carrying out in-depth semi-structured interviews. The empirical data collected from the investigation were gathered and analyzed based on the research questions. The findings show that IPP of a host market influences a potential foreign company through the market situation that is also influenced by IP laws and enforcement. The outcome of these findings argues that the Swedish companies that were interviewed in this research will enter the Nigerian market through an intermediary mode. This has been based on the current IPP system of Nigerian.
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Miggels, Alvizo Romano. "An analysis of trademark infringement by dilution under South African law." University of the Western Cape, 2020. http://hdl.handle.net/11394/7329.

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Magister Legum - LLM
The rights relating to a trademark are said to be found in the fact that proprietors have acquired goodwill and a repute in their mark. Trademark law has always protected that aspect of what a trademark embodied, inter alia, to serve as a symbol of where a product originates from and guarantee quality by the setting the registered trademark proprietor’s goods apart from those of his competitor. The dilution of a trademark is one of the most challenging issues facing the sphere of trademark law in South Africa. Trademark proprietors have in the past relied successfully on primary and secondary or extended infringement. There has, however, been a dearth of cases on infringement by dilution thus far. The research in this study will primarily take the form of an evaluation of the development of the anti-dilution action and why there is dearth of successful cases in South Africa. Trademark proprietors are at risk of suffering financial loss if they are not able to protect their marks from dilution. The thesis will make recommendations whether the dilution provision contained in the Act need reform or whether the approach to the application of the anti-dilution provisions by our judiciary needs to change.
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Kusumadara, Afifah. "Analysis of the failure of the implementation of intellectual property laws in Indonesia." University of Sydney. Law, 2000. http://hdl.handle.net/2123/820.

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For the past two decades, intellectual property law has been the fastest growing and most dynamic field in Indonesia. But, despite impressive and extensive legal reform conducted by the Indonesian government in the area, intellectual property laws remain very difficult to enforce. Ignorance of intellectual property law is widespread within the country and protection of intellectual property rights is both practically and legally weak.
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Jungmann, Nina. "Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20877.

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The dissertation addresses the legal conflict which is related to the legitimacy of comparative advertising. The national legal system has the task to balance antagonistic interests of trademark proprietors, advertisers, consumers and the public at large. The thesis examines the South African, the European and the German legal system implemented a legal balance and presents consequences, commonalities and differences. After starting with an historical overview on comparative advertising in South Africa and the Advertising Standards Authorities' self-regulating system, the Common law of Unlawful Competition will be addressed with regard to its influences on comparative advertising. Further, the thesis deals with the South African Trade Mark Act and its interpretation of infringement in terms of comparative advertising. Also considering European jurisdiction will be considered. The European approach on trade marks and comparative advertising will be presented as it leads to the German approach on comparative advertising and served as inspiration for the South African Trade Marks Act. The manner of implementation of European Directives influencing comparative advertising in German national law will be examined. Hereby, the distinctive characteristics which are required for comparative advertising as well as the special statutory mentioned cases in which it is unlawful will be presented. The high level of legal differentiation shall be emphasized since this may lead to differences compared to the South African law. Finally, I will compare how South African law and German law approach the subject comparative advertising. Especially the influences of Common law and statutory law on unlawful competition will be compared and evaluated. It shall be presented which consequences can arise out of different systematic approaches in this field of law. Additionally, the differences in the legal approaches on trade mark infringement will be highlighted in respect of presenting whether they cause actual consequences for the final legal valuation of comparative advertising. Furthermore, the commonalities concerning the purpose of encouraging comparative advertising will be addressed.
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Hemerly, Henrique. "The Impact of Database Querying Exactitude in Intellectual Property Law Practice in Brazil." Thesis, Linnéuniversitetet, Institutionen för datavetenskap och medieteknik (DM), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-97032.

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In current business affairs, most executive professions require one or several kinds of data consultation in their practice. Nowadays, the majority of data either is or has been digitalized and digital data is defined as information represented in a discrete and discontinuous manner. For accessibility purposes, data are often stored in databases that organize information via design and modeling techniques to facilitate querying. Data retrieval is crucial and if this process lacks efficacy, users either are presented incomplete information or are forced to perform repetitive queries. Intellectual property (IP) lawyers in Brazil are among that group and must regularly access a private database for trademark information. While it contains all the data they require, the database’s querying mechanisms are not tailored for IP law practice. The existing filters and lack of replacement algorithms often yield incomplete results, increasing time and resources dispended. With millions of dollars in potential lawsuits and work-hours, the purpose of this study is to investigate whether an IP-focused querying system could help mitigate this resource waste, facilitating the trademark comparison work of IP lawyers. For this, a new orthographic and phonetically focused querying logic was implemented. ANOVA tests and a questionnaire were used to compare the existing querying mechanism with the new one in terms of time, work satisfaction and querying accuracy. Results indicate the new querying system significantly decreased the amount of searches needed to execute a complete trademark analysis, while lawyers averaged the same amount of time to complete their work. Lawyers also reported higher work satisfaction levels and perceived increase in work efficiency.
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Nghihalwa, Saima Litauleni. "An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12934.

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Protection of traditional knowledge and traditional cultural expressions of indigenous communities is one of the most contentious and complicated issues on both international and national agendas. The historical development of the protection of intellectual property in the wake of the industrial revolution and its subsequent jurisprudential justification, based on private property rights, pushed TK and the practice based on it, outside the purview of the formal intellectual protection regime. There is substantial evidence that TK has in past decades been used in a range of industries and has accordingly led to new products as well as the development of existing products. Evidence of this can be found in the areas of special foods and beverages, the cosmetic sector, personal care, agriculture, horticulture and pharmaceuticals. Industries sometimes make use of this knowledge to formulate new products, which they do in a slightly different manner so as to market the products as their own. Currently, there are certain products in Namibia that use the traditional terms of products as trademarks. Despite the fact that some of these terms are not registered with the Ministry of Trade and Industries, these owners enjoy common law protection under trademark law. This is especially so for well-known products such as Omaere milk, which is a product of the Namibia Dairies (Pty) Ltd. The term Omaere is used by the OvaHerero and OvaHimba speaking communities of Namibia and Botswana to refer to traditionally processed curdled milk. The Namibian Dairies (Pty) Ltd has been making use of this name for one of their curdled milk products for more than 15 years. During this period the company has done such excessive marketing of the product that this name has come to be regarded as their trademark. Reviewing it from this perspective, one can conclude that no-one else could use this name to refer to their milk products, as it has come to be considered as a product of the Namibia Dairies.
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Solanke, Oluwatosin Modupe. "Proposed amendments for consideration in the review of the copyright and trademarks protection for the digital environment in Nigeria." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13037.

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This thesis considers the manner in which Nigerian intellectual property law regulates the digital environment. The main question it asks is whether existing intellectual property law adequately balances and protects the rights of rightholders and users in the digital environment.
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Alharbi, Meshal Nayef. "Trademark and patent disputes in Saudi Arabia : an analysis of private international law." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/13858.

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The subject of the conflict of laws and arbitration in intellectual property rights is a complicated topic to research, because the normal rules of private international law and arbitration can be affected by the special characteristics of patents and trademarks. Some rules of these subjects might need to be reformed and in some cases there are principles that should be created to successfully handle cross-border disputes concerning patents and trademarks. Establishment of a special court with supranational jurisdiction may be required to resolve these types of disputes. Recently, this subject has been given enormous attention around the world. While the academics, legislators and forums in developed states have broadly discussed the subject of conflict of laws and arbitration in intellectual property rights, in Saudi Arabia, it has not been given noticeable attention. This thesis intends to make a significant contribution to Saudi law and provide appropriate approaches on the subject of conflict of laws and arbitration in intellectual property rights. The topics which will be covered in this thesis are the rules of international jurisdiction, the rules of choice of law, the rules for enforcement of foreign judgments and the rules of arbitration. The modification and the enhancement of the rules of private international law and arbitration established in Saudi law will be recommended and the arguments for each suggested approach will be presented.
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Wahlberg, Sara. "Särskiljningsförmåga hos geografiska namn : En varumärkesrättslig studie." Thesis, Linköpings universitet, Affärsrätt, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-106954.

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Enligt grundregeln i 1:5 2 st. 1 p. varumärkeslagen (2010:1877) (VML) är varukännetecken som endast består av tecken eller benämningar som visar en varas eller tjänsts geografiska ursprung inte särskiljande och uppfyller därmed inte kraven för att kunna varumärkesregistreras. Ett varumärke får heller inte registreras om det är ägnat att vilseleda allmänheten i fråga om varans eller tjänstens geografiska ursprung, 2:7 1 st. VML. Dessa två hindrande faktorer har genomsyrat den länge strikta bedömningen av geografiska namns särskiljningsförmåga som genom praxis de senaste åren lättats upp. Det råder dock alltjämt osäkerhet för i vilka fall ett varumärke innehållande ett geografiskt namn uppfyller kraven för registrering.  Varumärkesrätten har under de senaste åren genomgått en stor förändring. Tidigare krävdes starka bevis på flerårig inarbetning för att kunna erhålla ensamrätt till varumärke innehållande geografiska namn alternativt att känneteckensinnehavaren använde sig av namn på exempelvis berg eller floder som knappast kunde utgöra ett geografiskt ursprung för en vara eller tjänst. Det starka frihållningsbehovet med tanken att geografiska namn ska kunna användas fritt av alla har dragits tillbaka något, till förmån för möjligheten att registrera varumärken och därmed erhålla ensamrätt till vissa beteckningar. Den ensamrätt som erhålls vid registrering av ett beskrivande ord såsom ett geografiskt namn är dock begränsad, eftersom vissa beskrivande begrepp såsom geografiska namn ska kunna brukas av alla. Konflikten mellan varumärkesintrång och användande av delar av annans varumärke i enlighet med god affärssed är därför något svårdefinierad. Från att i princip endast vara möjligt att få registrering genom inarbetning eller vid användning av mycket okända geografiska namn eller osannolika ursprungsangivelser fäster man idag stor vikt vid bedömningen av om det finns ett samband mellan varumärkets berörda varor eller tjänster och den geografiska platsen. Det görs också en helhetsbedömning för att avgöra märkets särskiljningsförmåga.
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Books on the topic "LAW / Intellectual Property / Trademark"

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Dreyfuss, Rochelle Cooper. Intellectual property: Trademark, copyright, and patent law. Westbury, N.Y: Foundation Press, 1996.

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2

Putnam, Jonathan. Intellectual property: Patent, copyright & trademark : supplementary materials. 2nd ed. [Toronto: Faculty of Law, University of Toronto], 2001.

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Putnam, Jonathan. Intellectual property: Patent, copyright & trademark : supplementary materials. 2nd ed. [Toronto: Faculty of Law, University of Toronto], 2001.

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Ross, Terence P. Intellectual property law: Damages and remedies. New York, N.Y: Law Journal Press, 2000.

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Paul, Torremans, ed. Intellectual property law. London: Butterworths, 1995.

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1971-, Seymore Sean B., and Port Kenneth L, eds. Fundamentals of United States intellectual property law: Copyright, patent, trademark. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2012.

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author, Port Kenneth L., and Seymore, Sean B., 1971- author, eds. Fundamentals of United States intellectual property law: Copyright, patent, trademark. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2015.

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Allen, Nard Craig, and Port Kenneth L, eds. Fundamentals of United States intellectual property law: Copyright, patent, trademark. 3rd ed. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.

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Funa, Dennis B. Intellectual property law. 2nd ed. Quezon City, Philippines: Central Book Supply, Inc., 2012.

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Shúilleabháin, Máire Treasa Ní. Intellectual property regulation of parallel importation. Dublin: University College Dublin, 1998.

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Book chapters on the topic "LAW / Intellectual Property / Trademark"

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Oluwasemilore, Ifeoma Anne. "Trademark in the digital age in Nigeria." In Nigerian Intellectual Property Law, 117–34. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003250883-11.

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Pisacane, Giovanni, and Daniele Zibetti. "Proposed Translation for Trademark Law (November 11, 2019)." In Intellectual Property in China, 83–116. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-4558-0_6.

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Ojukwu, Somto David. "Registration of domain name as trademarks in Nigeria." In Nigerian Intellectual Property Law, 104–16. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003250883-10.

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Zhang, Chenguo. "Comments on the Fourth Amendment to the Chinese Trademark Law." In Balance and Limitation of Intellectual Property Protection in China, 193–206. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-6864-8_9.

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Zhang, Chenguo. "Critical Comments on the Third Amendment of Chinese Trademark Law." In Balance and Limitation of Intellectual Property Protection in China, 179–92. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-6864-8_8.

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Blakeney, Michael. "Intellectual Property and Food Labelling: Trademarks and Geographical Indications." In International Food Law and Policy, 101–43. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-07542-6_5.

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Köklü, Kaya, and Sylvie Nérisson. "How Public Is the Public Domain? The Perpetual Protection of Inventions, Designs and Works by Trademarks." In MPI Studies on Intellectual Property and Competition Law, 561–79. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-48107-3_17.

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Gibbons, Llewellyn Joseph. "Non-conventional Trademarks Under United States Law: An Unbounded New Frontier of Branding." In Global Governance of Intellectual Property in the 21st Century, 173–91. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31177-7_10.

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Pisacane, Giovanni, and Daniele Zibetti. "Trademark." In Intellectual Property in China, 35–53. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-4558-0_3.

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Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. "Intellectual property." In Business Law, 597–643. Fourth edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429297694-26.

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Conference papers on the topic "LAW / Intellectual Property / Trademark"

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Bobyleva, Marina. "PROBLEMS OF INTERACTION BETWEEN INTERNAL AFFAIRS BODIES AND CUSTOMS AUTHORITIES OF THE RUSSIAN FEDERATION IN THE FIELD OF COUNTERING THE ILLEGAL USE OF A TRADEMARK." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/194-197.

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Kaprāne, Stella. "Ambush jeb tā dēvētais slazdu mārketings un preču zīmes sportā." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.25.

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The article analyses the concept of freeriding, the scope of freeriding as an intellectual property breach, briefly considers the loss of trademark reputation, the criteria necessary to establish the presence of freeriding, the protection against freeriding, as well as outlines and defines the field, where the freeriding is the most relevant – the field of luxury goods’ trademarks. Article notes several Court of Justice of the European Union judgements in trademark protection field concerning the ambush marketing, the relevant normative acts, as well as remarks upon the opinions of various authors expressed in legal literature.
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FU, Shuju. "New Challenge on Intellectual Property: Smell Trademark." In 2021 International Conference on Enterprise Management and Economic Development (ICEMED 2021). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/aebmr.k.210601.083.

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Irish, V. "Intellectual property rights." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961420.

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Allcock, J. P. M. "Intellectual property case study." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961320.

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Takahashi, Timothy T. "Intellectual Property Law and Legacy FORTRAN Code." In 2013 Aviation Technology, Integration, and Operations Conference. Reston, Virginia: American Institute of Aeronautics and Astronautics, 2013. http://dx.doi.org/10.2514/6.2013-4210.

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Janković, Dijana. "DIFFERENT LEGAL ASPECTS OF THE INTELLECTUAL PROPERTY RIGHTS." In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6526.

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Davis, D. "Intellectual property rights: practical issues." In IET Seminar on Railway Law for Engineers: How Legislation, Liability and Legal Issues Affect You. IEE, 2008. http://dx.doi.org/10.1049/ic:20080599.

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Prasetyadji, Kuncoroadi, Witri Aulia Maudy, and Supandi. "Defense Economics Viewpoint of Intellectual Property Rights." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.030.

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Walicka, Monika. "PATENT PROTECTION OF THE INTELLECTUAL PROPERTY – TECHNOLOGY FIELDS AND INDUSTRY ANALYSIS." In Business and Management 2016. VGTU Technika, 2016. http://dx.doi.org/10.3846/bm.2016.78.

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In this paper the industry and top patent applicants was studied from perspective of 4 types of intellectual property (IP) and 3 patent systems. The purpose of this study was to map world patents applications. World Intellectual Property Organization (WIPO) data base was used. Results show that there is a growing trend in three analyzed patent systems and patents applications span a wide range of technologies. Under PCT procedures three leading fields of technologies: Electrical machinery, Computer technologies, and Medical technologies was found. Trademark applications are focused on Research and Technology and Agriculture sector, Industrial design on Textiles and accessories.
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Reports on the topic "LAW / Intellectual Property / Trademark"

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Correa, Carlos M. Intellectual Property and Competition Law. Geneva, Switzerland: International Centre for Trade and Sustainable Development, 2008. http://dx.doi.org/10.7215/ip_ip_20080820.

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Ruse – Khan, Henning Grosse. Sustainable Development In International Intellectual Property Law. Geneva, Switzerland: International Centre for Trade and Sustainable Development, 2010. http://dx.doi.org/10.7215/ip_ip_20101011.

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Ulises Espinoza, Ulises Espinoza. Intuitions about Ownership Among Achuar Communities and the Misalignment of Intellectual Property Law. Experiment, March 2022. http://dx.doi.org/10.18258/25118.

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Abbott, Frederick M. Intellectual Property Provisions of bilateral and Regional Trade Agreements in light of US Federal Law. Geneva, Switzerland: International Centre for Trade and Sustainable Development, 2006. http://dx.doi.org/10.7215/ip_ip_20060201a.

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Minero Alejandre, Gemma. Ownership of Databases: Personal Data Protection and Intellectual Property Rights on Databases. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64578.

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When we think on initiatives on access to and reuse of data, we must consider both the European Intellectual Property Law and the General Data Protection Regulation (GDPR). The first one provides a special intellectual property (IP) right – the sui generis right – for those makers that made a substantial investment when creating the database, whether it contains personal or non-personal data. That substantial investment can be made by just one person, but, in many cases, it is the result of the activities of many people and/or some undertakings processing and aggregating data. In the modern digital economy, data are being dubbed the ‘new oil’ and the sui generis right might be con- sidered a right to control any access to the database, thus having an undeniable relevance. Besides, there are still important inconsistences between IP Law and the GDPR, which must be removed by the European legislator. The genuine and free consent of the data subject for the use of his/her data must remain the first step of the legal analysis.
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Reyes Díaz, Carlos Humberto. Working Paper PUEAA No. 8. CPTPP. Legal Trends. Universidad Nacional Autónoma de México, Programa Universitario de Estudios sobre Asia y África, 2022. http://dx.doi.org/10.22201/pueaa.006r.2022.

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Free trade areas (and customs unions) were established in a multilateral level since in Article XXIV of the GATT, and that is the legal minimum from which preferential trade agreements are now built. Some say CPTPP is part of a new generation of Free Trade Agreements because it goes deeper in the integration process. The CPTPP Agreement is a 584-page treaty, a very extensive legal instrument with 30 chapters, so when we talk about legal trends it refers to all 30 chapters at first. But it’s not the idea to explain every chapter in this text, not even just the dispute mechanisms, but the legal highlights that make the CPTPP an example of the new structure in international trade law. The CPTPP’s new chapters constitute the actual trade agenda and establish a minimum level of protection on topics not specially linked to trade, but which are now essential to talk about a new configuration of trade agreements, such as investments, intellectual property, e-commerce, among others
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