Trademark protection and territoriality challenges in a global economy

著者

• Calboli, Irene
• Lee, Edward (Law professor)

書誌事項

Trademark protection and territoriality challenges in a global economy

edited by Irene Calboli, Edward Lee

（Elgar intellectual property and global development）

Edward Elgar, c2014

注記

Includes bibliographical references and index

内容説明・目次

内容説明

There is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.' - Daniel J. Gervais, Vanderbilt University Law School, US 'Trademark law is territorial but trademarks, like trade, are increasingly global. Trademark owners often operate in worldwide markets where they are confronted with varying territorial legal rules about registration and even use of their trademarks. This apparent dichotomy between trade without borders and trademark laws with borders creates many challenging legal and practical issues which this volume tackles. This outstanding collection offers both specialists and novices insights into this complex topic. The editors are to be commended for their foresight in bringing this collection together.' - Susy Frankel Victoria, University of Wellington, New Zealand 'The growing globalization of trade increases the challenges faced by trademark owners in the territories where they operate or plan to expand. Trademark owners thus have to find ways to solve the tension between global markets and territorial regimes of protection, which is precisely what this book explores from different angles and what makes it an essential work in today's borderless and brand-based economy. The result is a remarkable collection of original and thought-provoking chapters, which masterfully discuss the challenges and opportunities that the global economy presents, and will continue to present, for the territorial acquisition and enforcement of trademark rights.' - Jacques de Werra, University of Geneva, Switzerland As the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field. The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names. A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context. Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource. Contributors include: G.W. Austin, I. Calboli, L. Chan Grinvald, M. Chon, D.C.K. Chow, G.B. Dinwoodie, C.H. Farley, L.C. Grinvald, M. LaFrance, M.A. Leaffer, E. Lee, J. Lipton, L.A.W. Lockridge, D.E. Long, P.-E. Moyse, M. Wong, P.K. Yu, D. Zografos Johnsson

目次

Contents: Foreword Graeme Dinwoodie PART I: INTRODUCTION 1. The Inevitability of 'Territoriality Challenges' in Trademark Law Graeme W. Austin PART II: TERRITORIAL NORMS AND (GLOBAL) WELL-KNOWN MARKS 2. Protection of Well-Known Marks: A Transnational Perspective Marshall A. Leaffer 3. Interactivity, Territoriality, and Well-Known Marks Leah Chan Grinvald 4. The Pan-American Trademark Convention of 1929: A Bold Vision of Extraterritorial Meets Current Realities Christine Haight Farley PART II: PROTECTING QUALITY AND IDENTITY IN THE GLOBAL ECONOMY 5. Marks and More(s): Certification in Global Value Chains Margaret Chon 6. Branding the Land: Creating Global Meanings for Local Characteristics Doris Estelle Long 7. Signs Beyond Borders: Moving from Commodity to Differentiated Exports in the Coffee Industry Daphne Zografos Johnsson PART III: TERRITORIALITY, EXHAUSTION OF RIGHTS, AND GRAY MARKET PRODUCTS 8. The (Avoidable) Effects of Territorially Different Approaches to Trademark and Copyright Exhaustion Irene Calboli 9. Avoiding Mutant Trademarks: A Statutory Exclusion for Copyrighted Accessories to Parallel Imports Mary LaFrance 10. 'La Confusion des Genres': Logos and Packaging as Copyrighted Works Pierre-Emmanuel Moyse PART IV: (NATIONAL) TRADEMARK ENFORCEMENT CHALLENGES 11. Territoriality (Mis)Understood: Enforcing Well-Known Foreign Marks in the United States Lee Ann W. Lockridge 12. The Curious Case of Fake Beijing Olympics Merchandise Peter K. Yu 13. Trademark Enforcement in Developing Countries: Counterfeiting as an Externality Imposed by Multinational Companies Daniel C.K. Chow PART V: TRADEMARK TERRITORIALITY AND THE REGULATION OF CYBERSPACE 14. Trademarks, Free Speech, and ICANN's New gTLD Process Jacqueline Lipton and Mary Wong Index

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詳細情報

• NII書誌ID(NCID): BB15500609
• ISBN:
  • 9781781953907
• LCCN: 2013947145
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Cheltenham, UK
• ページ数/冊数: xviii, 339 p.
• 大きさ: 24 cm
• 分類:
  • LCC : K1555
• 件名:
  • LCSH : Trademarks
  • LCSH : Intellectual property (International law)
• 親書誌ID:
  • BB00786268