Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
Author(s): Irene Calboli, Jane C. Ginsburg
Series: Cambridge Law Handbooks
Edition: 1
Publisher: Cambridge University Press
Year: 2020
Language: English
Commentary: TruePDF 7x10 Format | Cover | TOC
Pages: 683
Tags: Trademarks: Law And Legislation; Trademarks (International Law)
Cover
Half title
Title
Copyright
Contents
Editors and Contributors
Foreword
Preface
Part One | International Aspects of Trademark Protection
1 | The Trademark Provisions in the Paris Convention for the Protection of Industrial Property
2 | A Look at the Trademark Provisions in the TRIPS Agreement
3 | The Internationalisation of Trademark Protection
4 | The Trademark Provisions in Post-TRIPS Mega-Regional Trade Agreements
5 | The Protection of Well-Known Marks under International Intellectual Property Law
6 | Regional Trademark Protection
7 | Territoriality and Supranationality
8 | Alternative Dispute Resolution for Trademark Disputes
Part Two | Comparative Perspectives on Trademark Protection
I | The Nature and Functions of Trademarks
9 | Trademark Functions in European Union Law
10 | The Function of Trademarks in the United States
II | Signs That Can Be Protected as Trademarks
11 | Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility
12 | Signs Eligible for Trademark Protection in the European Union
III | Public Policy Limitations of Trademark Subject Matter
13 | Public Policy Limitations on Trademark Subject Matter
14 | Public Policy Limitations on Trademark Subject Matter
IV | The Relationship between Trademarks and Geographical Indications
15 | Sui Generis or Independent Geographical Indications Protection
16 | Does the Unfair Competition Approach to Geographical Indications of Origin Have a Future?
V | Certification and Collective Marks
17 | Anglo and EU Frameworks for Certification and Collective Trademarks
18 | Certification and Collective Marks in the United States
VI | The Relationship between Trademark Law and Advertising Law
19 | Trademark Law and Advertising Law in the European Union: Conflicts and Convergence
20 | The False Advertising/Trademark Law Interface at Common Law
VII | The Relationship between Trademark Law and the Right of Publicity
21 | Commercial Exploitation of the Human Persona in the United States
22 | Commercial Exploitation of the Human Persona in European and French Law
VIII | Trademarks and Domain Names
23 | Legal Regulation of Internet Domain Names in North America
24 | Domain Name Dispute Resolution in Mainland China and Hong Kong
IX | Overlapping Rights
25 | Relationship between Trademark Law and Copyright/Design Law
26 | Overlapping Copyright and Trademark Protection in the United States
X | Theories Underlying the Standards for Trademark Infringement
27 | Misappropriation-Based Trademark Liability in Comparative Perspective
28 | The Doctrine of Instruments of Fraud in Historical Perspective
XI | Trademark Dilution
29 | US Anti-Dilution Law in Historical and Contemporary Context
30 | Dilution and Damage beyond Confusion in the European Union
XII | Secondary Trademark Liability
31 | Approaches to Secondary Liability for Trademark Infringement
32 | Approaches to Secondary Liability for Trademark Infringement
XIII | Trademark Defenses
33 | Valuing the Freedom of Speech and the Freedom to Compete in Defenses to Trademark and Related Claims in the United States
34 | Limitations to Trademark Protection as Defences to Infringement
XIV | The Principle of Exhaustion of Trademark Rights
35 | Common Law and Civil Law Approaches to Trademark Exhaustion in Europe
36 | The Relationship between Trademark Exhaustion and Free Movement of Goods
XV | Trademark Transactions
37 | Trademark Transactions in Common Law Countries
38 | Civil Law Perspectives on Trademark Transactions
Index
