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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Japanese Trademark Jurisprudence (Hardcover)
Loot Price: R5,372
Discovery Miles 53 720
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Japanese Trademark Jurisprudence (Hardcover)
Expected to ship within 10 - 15 working days
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In this comprehensive study of the Japanese trademark law system,
the author presents the view of trademark rights in Japan as
articulated in the relevant statutes and by Japanese courts and
commentators. Relying on nearly 200 judicial opinions, nearly 200
books and law review articles, and the author's own translation of
the Japanese Trademark Law (as amended to take effect April 1,
1997), the author argues that trademark law as enforced by Japanese
courts is a very sophisticated and well-developed field of law -
far more advanced than generally given credit outside of Japan.
This book has three primary theses, all of them controversial.
First, Professor Port argues that Japanese courts are rather
paternalistic in protecting trademark owners, both from Japan and
from foreign countries. Japanese courts have not hesitated to
create judicial doctrine or rules that dampen the potential harsh
impact a literal reading of the statute might allow regarding
foreign trademark rights. Second, this book argues that Japanese
trademark owners are extremely rights-conscious and Japanese courts
clearly recognize and protect these rights as corporations compete.
Although some argue that all of law in Japan can be explained by
culture, the findings here demonstrate that culture is not king in
the judicial trademark law field and that the Japanese zealously
litigate trademark rights in order to compete for market share.
Finally, this book shows the very broad scope of trademark
protection in Japan. Again, although criticized for being too
narrow, the Japanese trademark system confers property status to
trademarks themselves, something the American system does not do.
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