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
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