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Books > Law > Jurisprudence & general issues > Comparative law
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Character Merchandising in Europe (Hardcover)
Loot Price: R7,849
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Character Merchandising in Europe (Hardcover)
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Although the commercial activity of merchandising - the use of
names or images or other representative elements to enhance the
promotion or sale of products or services - has been known for over
a century, it is only since the latter years of the 20th century
that it has been significant enough to merit treatment as a
distinct subject of intellectual property law. Yet, to date, no
specific law governing merchandising exists in any country. This
book asks if such a law should exist-specifically, a uniform law at
the international level. The book focuses on the legal strategy and
monitoring of merchandising campaigns of a cross-border nature in
17 European countries. Drawing on the local expertise of
contributing authors from each country, it presents a detailed
comparative analysis of the manifold legal issues related to
merchandising practices. These include the following: the
inadequacy of trade mark licenses to encompass the "affinity"
motive of the purchaser of merchandising; the overlapping rights of
a manufacturer and a merchandiser in the same product; deficiencies
in unfair competition law concerning merchandising; the question of
whether merchandising symbols could be registered in a manner
analogous to (but distinct from) trade marks; the question of
whether copyright law may be extended to protect the merchandising
use of a copyrighted or copyrightable element; the ownership of
merchandising rights; and the question of whether a merchandising
right can persist after the protection of the symbol itself has
lapsed. "Character Merchandising in Europe" marshals evidence that
merchandising law, although it can hardly be said to exist as such,
is nonetheless implied in an extensive body of pronouncements from
the various fields of intellectual property law. This perception is
supported by the first judicial decision on the protection of
merchandising activities, recently rendered by the European Court
of Justice and supplied in full text as an annexe to this volume.
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