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The Protection of Non-Traditional Trademarks

Critical Perspectives

Gebonden, 432 blz. | Engels
Oxford University Press | 1e druk, 2018
ISBN13: 9780198826576
Oxford University Press 1e druk, 2018 9780198826576
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This volume offers a detailed analysis of the issues related to the protection of non-traditional marks.

In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions.

This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic.


Aantal pagina's:432

Over Irene Calboli

Irene Calboli is Professor of Law at Texas A&M University School of Law, Transatlantic Technology Law Fellow at Stanford University, and Visiting Professor of Law at the National University of Singapore. She is a member of the American Law Institute, the board of the European Policy for Intellectual Property Law Association, and the Executive Committees of the Comparative Law, Art Law, and East Asia Sections of American Association of Law Schools. A widely published and cited scholar, she serves in the editorial boards of the Journal of IP Law and Practice, the Queen Mary Journal of IP, and the WIPO-WTO Colloquium Papers. She is an expert, inter alia, for WIPO, the EUIPO, the EU Commission, and several national Intellectual Property offices.

Andere boeken door Irene Calboli


Part I: Assessing the Legal Framework and Unresolved Challenges
1: Making a Large Universe Visually Perceptible: The Development of Non-Traditional Marks in WIPO Treaties, Denis Croze
2: Non-Traditional Marks: An Empirical Study, Mitchell Adams and Amanda Scordamaglia
3: Paying the Price for Admission: Non-Traditional Marks Across Registration and Enforcement, Dev Gangjee
4: Yellow Dictionaries, Red Banking Services, Some Candies and a Sitting Bunny: Protection of Colour and Shape Marks from a German and European Perspective, Annette Kur
5: Non-Traditional Marks and the Dilemma of Aesthetic Functionality, Justin Hughes
6: Should Trademark Laws Protect Non-Traditional Trademarks?A Look at How Marketing Practices Try to Capture Essences, Deven Desai
7: Absolute Bans on the Registration of Product Shape Marks - A Breach of International Law?, Ng-Loy Wee Loon
8: What Should Constitute Infringement of a Non-Traditional Mark? The Role of Michael Handler
9: Protecting Non-Traditional Trademarks in China: New Opportunities and Challenges, Hoachen Sun

Part II: Assessing the Impact on Competition and Culture
10: The Protection of (Three-Dimensional) Shape Trademarks and Its Implications for the Protection of Competition, Gustavo Ghidini
11: Non-Traditional Trademarks: The Error Costs of Making an Exception the Rule, J. Glynn Lunney
12: Assessing the Impact of Non-Traditional Marks: A European Union Competition Law Analysis, Lavinia Brancusi
13: The Economics and Management of Non-Traditional Marks: Why, How Much, What and Who, Carolina Castaldi
14: Non-Traditional Marks on Pharmaceutical Products: Non-Traditional Barriers to Access to Medicine?, Arul Scaria and Kavya Susan Mammen
15: Hands Off "My" Colors, Patterns, and Shapes! How Non-Traditional Trademarks Promote Standardization and May Negatively Impact Creativity and Innovation, Irene Calboli
16: A Clash of Culture and Commerce: Non-Traditional Marks and the Impediment of Cyclic Cultural Innovation, Martin Senftleben
17: Non-Traditional Marks and Inherently Valuable Expression, Lisa Ramsey
18: Non-Traditional Trademark Protection as (Non-Traditional) Means of Cultural Control, Katya Assaf

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