Introduction To Trade Mark Law In The Benelux

Author: W. Mak
Publisher: Springer Science & Business Media
ISBN: 940174405X
Size: 60.46 MB
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In Holland it is a frequent and happy phenomenon that experts employed by a particular company do not confine their knowledge and experience purely within the privacy of that firm, but allow others to profit therefrom by being active within professional or business organisations, committees and so on. Professional journals also contain contributions from such experts with gratifying regularity. It is, however, extremely seldom and thus all the more welcome if such experts, in this case company lawyers, are willing to do even more. Mister Mak (LL.D.) and Mister Molijn (LL.M.) have been able to find the time and the quiet (or have sacrificed their own free time) to place on record for the benefit of the business world in Holland their great knowledge of trade mark law and their practical opinions. Those who are no strangers in this trade mark Jerusalem, know that the authors have not acquired their knowledge and experi ence solely within the large companies in which they are em ployed, but also in committees and on the boards of organisations which devote themselves to achieving good trade mark protection and to stimulating and/or criticising new developments in the legislative field. This fact is evident from the critical obser vations in this book and gives the book an interesting extra dimension.

European Trademark Law

Author: Tobias Cohen Jehoram
Publisher: Kluwer Law International
ISBN: 9041131574
Size: 75.31 MB
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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.

An Introduction To European Intergovernmental Organizations

Author: Professor Marc Cogen
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472445708
Size: 31.76 MB
Format: PDF
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An Introduction to European Intergovernmental Organizations provides an up-to-date and accessible reference to European intergovernmental organizations other than the European Union. The specialized character of these organizations adds value to cooperation in Europe as a whole, creates permanent channels of communication regardless of EU membership and allows the possibility for non-European involvement through organizations such as the European Bank for Reconstruction and Development and NATO. It also allows sub regional groups of states, such as the Nordic countries or the Benelux countries to exist and express their own identity via their own organizations.

Introduction To Intellectual Property Theory And Practice

Author: World Intellectual Property Organization
Publisher: Kluwer Law International
ISBN: 9041109382
Size: 63.76 MB
Format: PDF, ePub
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An introduction to intellectual property covering all aspects of international property law and administration. There is an emphasis on international co-operation in intellectual property, including an analysis of the principal multilateral treaties in the

Intellectual Property And Private International Law

Author: J. J. Fawcett
Publisher: Oxford University Press
ISBN: 9780198262145
Size: 69.20 MB
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The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging from establishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent in England? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferability of copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topicwhich raises unique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international law rather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether there should be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part ofthe Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

Introduction To Dutch Law For Foreign Lawyers

Author: Jeroen M. J. Chorus
Publisher: Kluwer Law Intl
ISBN:
Size: 59.10 MB
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Since the first edition of this publication (1978) there have been many important changes in the Dutch legal system. Some of these changes include: the loss of some of its liberal characteristics of the 1970's; in 1983, the Dutch constitution was revised; the impact of European law has increased considerably and the new Dutch Civil Code has entered into force.The second edition of 'Dutch Law' has been updated to include the forementioned changes in Dutch law and now includes a Bibliography of foreign language publications on Dutch law. This book is ideal for foreign law students and foreign lawyers.

Product Differentiation In Terms Of Packaging Presentation Advertising Trade Marks Etc

Author: Jules Stuyck
Publisher: Springer
ISBN: 9401744564
Size: 37.34 MB
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With consumer goods, as weil as consumer durables, the market is obscured because of product differentiation, in for example, the use, of trade marks, and the advertising and get-up of products, and this presents arealproblern in the protection of consumers. After a general demarcation of the forms, techniques and functions of product differentiation, an investigation is made into the correlation between the law and product differentiation; first, regarding pharmaceutical products and, then, though only by way of reconnaissance, for foodstuffs and cosmetics. Both in the general descriptive part and in the parts dealing with various sectors, attention is also paid to product differentiation as a source of the geographical division of markets. In a later chapter, certain general Observations on the law and socially undesirable product differentiation are developed. Here special attention is paid to trade mark law and regulations relating to misleading and dishonest advertising. The survey shows that, in the light of the existing economic model, improved consumer protection against the representation of product differ ences which hardly exist, can best be effected by means of regulations and other initiatives concerned with the supply of information, such as labelling requirements. September 1981 Dr. Jules Stuyck IX Table of Contents The first figure indicates the subsection number and the second figure the page number.