The Cambridge Handbook Of International And Comparative Trademark Law

Description

Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world. Cover Half title Title Copyright Contents Editors and Contributors Foreword Preface Part One | International Aspects of Trademark Protection 1 | The Trademark Provisions in the Paris Convention for the Protection of Industrial Property 2 | A Look at the Trademark Provisions in the TRIPS Agreement 3 | The Internationalisation of Trademark Protection 4 | The Trademark Provisions in Post-TRIPS Mega-Regional Trade Agreements 5 | The Protection of Well-Known Marks under International Intellectual Property Law 6 | Regional Trademark Protection 7 | Territoriality and Supranationality 8 | Alternative Dispute Resolution for Trademark Disputes Part Two | Comparative Perspectives on Trademark Protection I | The Nature and Functions of Trademarks 9 | Trademark Functions in European Union Law 10 | The Function of Trademarks in the United States II | Signs That Can Be Protected as Trademarks 11 | Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility 12 | Signs Eligible for Trademark Protection in the European Union III | Public Policy Limitations of Trademark Subject Matter 13 | Public Policy Limitations on Trademark Subject Matter 14 | Public Policy Limitations on Trademark Subject Matter IV | The Relationship between Trademarks and Geographical Indications 15 | Sui Generis or Independent Geographical Indications Protection 16 | Does the Unfair Competition Approach to Geographical Indications of Origin Have a Future? V | Certification and Collective Marks 17 | Anglo and EU Frameworks for Certification and Collective Trademarks 18 | Certification and Collective Marks in the United States VI | The Relationship between Trademark Law and Advertising Law 19 | Trademark Law and Advertising Law in the European Union: Conflicts and Convergence 20 | The False Advertising/Trademark Law Interface at Common Law VII | The Relationship between Trademark Law and the Right of Publicity 21 | Commercial Exploitation of the Human Persona in the United States 22 | Commercial Exploitation of the Human Persona in European and French Law VIII | Trademarks and Domain Names 23 | Legal Regulation of Internet Domain Names in North America 24 | Domain Name Dispute Resolution in Mainland China and Hong Kong IX | Overlapping Rights 25 | Relationship between Trademark Law and Copyright/Design Law 26 | Overlapping Copyright and Trademark Protection in the United States X | Theories Underlying the Standards for Trademark Infringement 27 | Misappropriation-Based Trademark Liability in Comparative Perspective 28 | The Doctrine of Instruments of Fraud in Historical Perspective XI | Trademark Dilution 29 | US Anti-Dilution Law in Historical and Contemporary Context 30 | Dilution and Damage beyond Confusion in the European Union XII | Secondary Trademark Liability 31 | Approaches to Secondary Liability for Trademark Infringement 32 | Approaches to Secondary Liability for Trademark Infringement XIII | Trademark Defenses 33 | Valuing the Freedom of Speech and the Freedom to Compete in Defenses to Trademark and Related Claims in the United States 34 | Limitations to Trademark Protection as Defences to Infringement XIV | The Principle of Exhaustion of Trademark Rights 35 | Common Law and Civil Law Approaches to Trademark Exhaustion in Europe 36 | The Relationship between Trademark Exhaustion and Free Movement of Goods XV | Trademark Transactions 37 | Trademark Transactions in Common Law Countries 38 | Civil Law Perspectives on Trademark Transactions Index