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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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European Trademark Law - Community Trademark Law and Harmonized National Trademark Law (Hardcover)
Loot Price: R8,063
Discovery Miles 80 630
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European Trademark Law - Community Trademark Law and Harmonized National Trademark Law (Hardcover)
Expected to ship within 10 - 15 working days
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Although the European harmonisation of trademark law started more
than two decades ago and is now quite robust, heretofore
practitioners have had no easily accessible and comprehensive
description and analysis of this regime to rely upon in their work,
despite the existence of commentaries of the Directive and
Regulation on trademarks. Now, European Trademark Law describes all
relevant developments in both legislation and case law, in
particular of the Court of Justice, offering not only a succinct
introduction to the theory, structure and nature of trademark law,
but also insightful suggestions for resolving and answering a host
of practical problems. As the authors note, their book provides an
'overview of trademark law rather than an overview of trademark
legislation.' The authors view the law from different perspectives;
they take both the European perspective and the perspective from
harmonised national trademark law, in particular as it is in the
Benelux countries. Paying particular attention to the implications
of the considerable stream of case law that has followed from
partially new doctrines set in place by the harmonization process,
the book greatly clarifies the workings and interrelations of such
factors as the following: * situations that did not constitute
infringement under former trademark law but do constitute
infringement today and vice versa; * different types of marks and
their particularities; * registration and opposition procedures; *
relevant international treaties; * requirements for the mark; *
grounds for refusal and invalidity; * scope of and limitations to
trademark protection; * use of trademarks in comparative
advertising; * referential use of trademarks; * use of trademarks
on the internet; * exhaustion of rights, parallel trade; * concepts
of well known trademarks and trademarks with a reputation; *
procedural aspects of enforcing trademark rights; * how trademark
rights are lost. The analysis also covers specific aspects of the
trademark right that are related to other legal areas, such as
property law, trade name law, the law regarding geographical
indications of origin, copyright law, competition law, and product
liability. An especially valuable part of the book's presentation
follows the 'life' of a trademark from filing the application up to
and including its cancellation, revocation or invalidity.
Intellectual property lawyers, judges, academics and in-house
counsel will greatly appreciate this very useful guide to the
current state of trademark law practice in Europe.
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