Books: 'The exhaustion of trademark rights'

1

Davis, Winston. The exhaustion of heaven: Constructing and deconstructing natural rights in Meiji Japan. Tempe, AZ: Dept. of Religious Studies, Arizona State University, 1993.

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2

Campbell, Horace. Reclaiming Zimbabwe: The exhaustion of the patriarchal model of liberation. Cape Town: David Philip, 2003.

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3

Campbell, Horace. Reclaiming Zimbabwe: The exhaustion of the patriarchal model of liberation. Trenton, NJ: Africa World Press, 2003.

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4

Kilpatrick, Bruce, Pierre Kobel, and Pranvera Këllezi, eds. Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27158-3.

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5

Trademark protection and freedom of expression: An inquiry into the conflict between trademark rights and freedom of expression under European law. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.

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6

Mazzeschi, Riccardo Pisillo. Esaurimento dei ricorsi interni e diritti umani. Torino: G. Giappichelli, 2004.

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7

Lun shang biao quan de ben zhi: Research on the essence of trademark rights. Beijing Shi: Ren min fa yuan chu ban she, 2009.

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8

Riehle, Gerhard. Trade mark rights and remanufacturing in the European Community: With special emphasis on the rebuilding of automotive parts. München: C.H. Beck, 2003.

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9

Lachenmaier, Stefan. Identification of available and desirable indicators for patent systems, patenting processes and patent rights: Research project for the German Patent and Trademark Office. München: Ifo-Inst. für Wirtschaftsforschung, 2005.

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10

Internet domain names and intellectual property rights: Hearing before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Sixth Congress, first session, July 28, 1999. Washington: U.S. G.P.O., 2000.

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11

Shang biao shou quan que quan su song gui ze yu pan li: Rules and cases : Litigations involving the authorization and determination of trademark rights. Beijing Shi: Fa lü chu ban she, 2014.

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12

Intʻŏnet domein punjaeng yŏnʼgu: Sangpʻyo wa domein irŭm ŭi kyunhyŏng kwa chohwa = Study on the legal issues in protecting and balancing the rights of trademark owners. Sŏul Tʻŭkpyŏlsi: Pagyŏngsa, 2004.

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13

Ristic, Dragoslav M. Ristic's Manual of industrial property rights in Eastern Europe including the People's Republic of China: For patent and trademark professionals, patent attorneys and international patent counsel. Belgrade, Yugoslavia: Ristic & Ristic, 1991.

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14

Office, General Accounting. Intellectual property: Information on the U.S. Patent and Trademark Office's past and future operations : report to Congressional requesters. Washington, D.C. (441 G St. NW, Washington, 20548-0001): United States General Accounting Office, 2002.

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15

Indonesia. Laws of the Republic of Indonesia on intellectual property rights: Copyright, patent, trademark, industrial design, lay-out design of integrated circuit, trade secret : completed with the original text in bahasa Indonesia. Jakarta: Published and printed by Shortcut Gagas Imaji, 2003.

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16

Office, General Accounting. Intellectual property: State immunity in infringement actions : report to the honorable Orrin G. Hatch, ranking minority member, Committee on the Judiciary, U. S. Senate. Washington, D.C: The Office, 2001.

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17

Office, General Accounting. Intellectual property: Enhancements needed in computing and reporting patent examination statistics : report to the Chairman, Committee on the Judiciary, U.S. Senate. Washington, D.C: The Office, 1996.

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18

Office, General Accounting. Intellectual property: Economic arrangements among small webcasters and third parties and their effect on royalties : report to congressional committees. [Washington, D.C.]: GAO, 2004.

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19

Office, General Accounting. Intellectual property: State immunity in infringement actions : report to the Honorable Orrin G. Hatch, Ranking Minority Member, Committee on the Judiciary, U.S. Senate. Washington, D.C: The Office, 2001.

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20

Office, General Accounting. Intellectual property: Federal agency efforts in transferring and reporting new technology : report to Congressional committees. Washington, D.C: GAO, 2002.

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21

Office, General Accounting. Intellectual property: Fees are not always commensurate with the costs of services : report to the chairman, Committee on the Judiciary, U.S. Senate. Washington, D.C. (700 4th St. NW, Washington 20548-0001): GAO, 1997.

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22

Office, General Accounting. Intellectual property: Comparison of patent examination statistics for fiscal years 1994 and 1995 : report to the Chairman, Committee on the Judiciary, U.S. Senate. Washington, D.C: The Office, 1997.

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23

The Patent Prior User Rights Act and the Patent Reexamination Reform Act: Hearing before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, One Hundred Third Congress, second session, on S. 2272, to amend chapter 28 of Title 35, United States Code, to provide a defense to patent infringement based on prior use by certain persons, and for other purposes, and S. 2341, to amend chapter 30 of Title 35, United States Code, to afford third parties an opportunity for greater participation in reexamination proceedings before the United States Patent and Trademark Office, and for other purposes, August 9, 1994. Washington: U.S. G.P.O., 1996.

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24

Dole, Richard F. Territorial Trademark Rights and the Antitrust Laws. William S. Hein & Company, 1985.

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25

Këllezi, Pranvera, Bruce Kilpatrick, and Pierre Kobel. Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights. Springer, 2018.

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26

Këllezi, Pranvera, Bruce Kilpatrick, and Pierre Kobel. Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights. Springer, 2016.

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27

New wine in old bottles: The expansion of trademark and trade dress rights. [Chicago?]: American Bar Association, Section of Patent, Trademark, and Copyright Law, 1991.

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28

Derclaye, Estelle. Overlapping Rights. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.27.

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Intellectual property (IP) overlaps can arise as a result of two or more different types of endeavor (eg, an artistic work created at the outset to be registered a trademark) or as a result of two or more IP rights protecting a single type of endeavor (eg, patent and copyright protecting the same computer program). This chapter categorizes and reviews the several IP overlaps that exist and the principles and rules that apply to them, mainly from a European (EU) perspective, with a comparative outlook where possible. It proposes solutions to the twin problems of regime clashes and overprotection that many overlaps pose, and concludes with a forecast for the direction of the topic.

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29

Chapdelaine, Pascale. Copyright User Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754794.001.0001.

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This book explores the scope of copyright user rights through the lens of property, copyright, and contract law. It proposes a taxonomy and hierarchy of copyright user rights that makes a distinction between user property, user rights, and user privileges. The book looks at user rights from an international law and multijurisdictional perspective (including the European Union, United States, Canada, United Kingdom, France, and Australia) with a particular focus on Canada, given the significant amount of jurisprudence of the Supreme Court of Canada on copyright user rights. Unlike other works that look at copyright user rights through concepts of public law and policy, this book explores user rights through concepts of private law (personal property, goods, services, sales, licences) and copyright law (exceptions to copyright infringement such as fair dealing and fair use, the first sale or exhaustion doctrine, and the impact of technological protection measures on how users experience copyright works). The book develops a pluralistic theory of copyright user rights that recognizes their diversity and myriad ways users experience copyright works, while emphasizing the importance and role of copyright users within copyright law. The book calls for the re-evaluation of the dichotomy between tangibility and intangibility and for greater cohesion between copyright law and traditional concepts of private law.

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30

Arden, Thomas P. Protection of nontraditional marks: Trademark rights in sounds, scents, colors, motions and product design[s] in the U.S (Practice series). International Trademark Association, 2000.

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31

The Permission Seeker's Guide Through the Legal Jungle: Clearing Copyrights, Trademarks and Other Rights for Entertainment and Media Productions (Guide Through the Legal Jungle). Sashay Communications, 2007.

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32

Vaidhyanathan, Siva. 5. Other rights: Domain names, publicity, trade secrets, data, and designs. Oxford University Press, 2017. http://dx.doi.org/10.1093/actrade/9780195372779.003.0005.

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Many other forms of intellectual property beyond the big three—copyright, patent, and trademark—reflect particular national agendas and political power structures. Some of them exist only in particular countries. Others protect narrow interests. “Other rights” describes some of these rights: domain names, geographic marks, personality rights, trade secrets, and misappropriation and data protection. The rise of these sui generis regimes and the proposals to create a new right for fashion design in recent years reveal the extent to which intellectual property is a function more of politics and the power of special interests than carefully balanced policy decisions or high-minded theory.

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33

United States. General Accounting Office., ed. Intellectual property rights: U.S. companies' views on patent law harmonization : statement of Allan I. Mendelowitz, Managing Director, International Trade, Finance, and Competitiveness, General Government Division, before the U.S. Patent and Trademark Office. [Washington, D.C.]: The Office, 1993.

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34

United States. General Accounting Office., ed. Intellectual property rights: U.S. companies' views on patent law harmonization : statement of Allan I. Mendelowitz, Managing Director, International Trade, Finance, and Competitiveness, General Government Division, before the U.S. Patent and Trademark Office. [Washington, D.C.]: The Office, 1993.

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35

Richard, Cauchy. The border enforcement of intellectual property rights in Canada and the obligation of "effectiverness" under Article 41(1) of the TRIPS Agreement. 2005.

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36

Aufenanger, Martin, and Gerhard Barth. Markengesetz/the German Trade Mark Act of 1995: The German Trade Mark Act (Series of Publications on Industrial Property Rights). 2nd ed. VCH Publishers, 1996.

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37

Calboli, Irene, and Martin Senftleben, eds. The Protection of Non-Traditional Trademarks. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198826576.001.0001.

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During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion have on other branches of intellectual property protection and the intellectual property system as a whole? Offering a fresh, critical, and interdisciplinary analysis of the questions raised by the acceptance of non-traditional marks, this book provides an insightful academic—and at the same time practical—legal and economic review of the topic. Office and court decisions from different countries and regions serve as a starting point for a comparison of existing approaches to non-traditional marks. Providing a comprehensive overview of the status quo in different jurisdictions, the essays in this book offer a cutting-edge discussion of legal problems and solutions in the field of non-traditional marks. The analysis, however, goes far beyond specific questions of trademark law and practice. It places the issue in the broader context of fundamental rights, in particular freedom of competition and freedom of expression, and explores the impact on other fields of intellectual property, such as patent, copyright, and industrial designs law.

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38

Ginsburg, Jane. Copyright. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.23.

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This chapter offers an overview of copyright in general in common law and civil law countries, with an emphasis on the United States (US) and the European Union (EU). It addresses the history and philosophies of copyright (authors’ right), subject matter of copyright (including the requirement of fixation and the exclusion of “ideas”), formalities, initial ownership and transfers of title, duration, exclusive moral and economic rights (including reproduction, adaptation, public performance and communication and making available to the public, distribution and exhaustion of the distribution right), exceptions and limitations (including fair use), and remedies. It also covers the liability of intermediaries, and new copyright obligations concerning technological protections and copyright management information. It concludes with some observations concerning the role of copyright in promoting creativity and free expression.

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39

Beebe, Barton. Design Protection. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.25.

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This chapter surveys the legal protection of industrial designs, understood as the protection of the appearance of articles of manufacture. It discusses the definition of “design” according to both the European Union (EU) and the United States (US). It examines the international instruments that form the foundation of industrial design law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and the Berne Convention, among others. It then focuses on the various areas of intellectual property (IP) law that make up design law, including sui generis design protection law, patent law, copyright law, and trademark law among others, with particular attention on these aspects of design law as they feature in the US and the EU.

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40

Bettinger, Torsten, and Allegra Waddell, eds. Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.001.0001.

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An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 36 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures. In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing more than 700 new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms. Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as “.tel” and “.travel”. Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process. Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

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41

Seville, Catherine. The Emergence and Development of Intellectual Property Law in Western Europe. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.12.

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This chapter surveys the emergence and development of Intellectual Property (IP) law in Continental Europe and Britain. The story begins largely in the middle ages with the grant of territorially-confined inventors’ and printers’ privileges, and traces the development of these privileges into the four main species of IP rights recognized throughout the world today. A key theme is the varied national histories that underpin the development of each IP right even within the geographical confines and relative social and political homogeneity of Western Europe, and the extent of modern IP law’s embeddedness in the industrial and cultural development of individual states. The chapter ends with an account of the emergence of a European perspective on IP, as expressed in the nineteenth-century Paris and Berne Conventions, and its development by general and IP-specific European communities, including the EU, which has established unitary patent, trademark, and design rights for its Member States.

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42

Gelvin, James. The Arab Uprisings. Oxford University Press, 2015. http://dx.doi.org/10.1093/wentk/9780190222741.001.0001.

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Beginning in December 2010 popular revolt swept through the Middle East, shocking the world and ushering in a period of unprecedented unrest. Protestors took to the streets to demand greater freedom, democracy, human rights, social justice, and regime change. What caused these uprisings? What is their significance? And what are their likely consequences? In an engaging question-and-answer format, this updated edition of The Arab Uprisings: What Everyone Needs to Know® explores all aspects of the revolutionary protests that have rocked the Middle East. Historian James Gelvin begins with an overview, asking questions such as: What sparked the Arab uprisings? Where did the demands for democracy and human rights come from? How appropriate is the phrase “Arab Spring”?--before turning to specific countries around the region. Shifting the emphasis from the initial upheaval itself to the spinning out of the revolutionary process, Gelvin looks at such topics as the role of youth, laor, and religious groups in Tunisia and Egypt and discusses why the military turned against rulers in both countries. Exploring the uprisings in Libya and Yemen, Gelvin explains why these two states are considered “weak,” why that status is important for understanding the upheavals there, and why outside powers intervened in Libya but not in Yemen. This second edition looks more closely at the situation of individual countries affected by the uprisings. Gelvin compares two cases that defied expectations: Algeria, which experts assumed would experience a major upheaval after Egypt’s, and Syria, which experts failed to foresee. He then looks at the monarchies of Morocco, Jordan, and the Gulf, exploring the commonalities and differences of protest movements in each. Reconsidering the possible historical significance of the uprisings Gelvin explores what this means for the United States and Iran. Has al-Qaeda been strengthened or weakened? What effects have the uprisings had on the Israel-Palestine conflict? What conclusions might we draw from the uprisings so far? What Everyone Needs to Know® is a registered trademark of Oxford University Press.

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Books on the topic 'The exhaustion of trademark rights'

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