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The Protection of Non-Traditional Trademarks - Critical Perspectives (Hardcover)
Loot Price: R3,591
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The Protection of Non-Traditional Trademarks - Critical Perspectives (Hardcover)
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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.
This is an open access title available under the terms of a CC
BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship
Online and offered as a free PDF download from OUP and selected
open access locations.
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