Annotated Leading Trademark Cases in Major Asian Jurisdictions

Herausgeber: Liu, Kung-Chung

• Gebundenes Buch

Produktbeschreibung

This book aims to fill the study gap on trademark laws in Asia on a cross-jurisdictional level. It provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and up-to-date trademark case laws. The book analyses six principal issues that best reflect Asian features in trademark law and trademark development.

Produktdetails

• Verlag: Taylor & Francis Ltd (Sales)
• Seitenzahl: 456
• Erscheinungstermin: 3. Oktober 2019
• Englisch
• Abmessung: 239mm x 155mm x 30mm
• Gewicht: 794g
• ISBN-13: 9780367313432
• ISBN-10: 036731343X
• Artikelnr.: 58055375

Autorenporträt

Kung-Chung Liu is Lee Kong Chian Professor of Law (Practice), Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA) at Singapore Management University and also Professor at Renmin University of China.

Inhaltsangabe

PART 1 Introduction 1 Features of trademark laws and cases in major Asian
jurisdictions PART 2 Use of trademarks/likelihood of confusion on the
Internet Right-maintaining use and infringing use of trademark 2 Legal
consequences of non-use in Indonesia 3 Google's keyword advertisement in
Taiwan: no use of trademark, but obviously unfair Confusion and passing off
4 Similarity in appearance, concept or pronunciation alone does not
automatically lead to similarity of marks in Japan 5 The principles of
passing off under trademark law apply to domain names in India PART 3
Application of market survey in solving trademark disputes Market survey
not well accepted 6 Market survey recently recognised as a persuasive tool
to solve trademark disputes in China 7 Market survey in Malaysia: an
impracticable and undesirable way to adduce evidence in trademark lawsuit
8 Market survey seldom accepted by Taiwanese courts in trademark litigation
Proving acquired distinctiveness through use by questionnaire 9
Three-dimensional shape of Coca-Cola bottles registrable: acquired
distinctiveness evidenced by questionnaire in Japan PART 4 Limitation of
trademark rights International exhaustion 10 International exhaustion in
Singapore: broad interpretation of "put on the market", yet offer for sale
excluded 11 International exhaustion of trademark rights in India 12 The
exhaustion defence to trademark infringement and parallel importation in
Malaysia 13 Justifiability of parallel import and trademark infringement by
imports produced in breach of a licensing agreement in Japan 14 Scope of a
parallel importer's permissible use of a trademark in marketing activities
in Korea Fair use 15 Right of a trader in India to use another trader's
mark by way that is reasonably necessary 16 "Denominative" use of another's
trademark can constitute prima facie "due cause" under Section 29(4) of the
Indian Trade Marks Act 17 Establishing a parody defence standard within the
framework of Taiwan's Trademark Act Compulsory trademark licensing? 18
Finding infringement but refusing to grant permanent injunction under
Chinese Trademark Law PART 5 Protection of well-known marks Against
likelihood of dilution 19 The protection of well-known marks against
dilution via SPC in China 20 Dilution of a well-known trademark as ground
for refusal of registration of an identical or similar mark for different
goods or services in Malaysia 21 Trade mark dilution before and after
Section 29(4) of the Indian Trade Marks Act 22 Taiwan IP Court decisions
tend to treat likelihood of confusion and likelihood of dilution as
mutually interchangeable Against registration of confusingly similar
trademarks 23 Bad-faith registration of marks similar to well-known ones as
ground for registration cancellation in Indonesia Against unfair
competition 24 Protection of famous product configuration mark (Viagra
trademark for diamond shape and blue colour) in Korea 25 Concurrent
trademark infringement and unfair competition in the Philippines Against
abuse of registered trademarks 26 Unregistered well-known trademark owner
accused of infringement in Japan: abuse of right defence after five-year
invalidation period PART 6 Infringement and damages Infringement 27
Trademark rights-infringing comparative advertising in India 28
Contributory trademark infringement liability of online open market
operators based on the civil code in Korea 29 Exclusive licensee's rights
in Singapore: contractual and not proprietary against owners of marks
Defense against damages: no trademark use 30 The de-linkage and re-linkage
between trademark use and damages in China Defense against damages:
non-occurrence of damage 31 Trademark infringement defence based on
non-occurrence of damage in Japan Measure of damages 32 Determination of
damages for trademark infringement by the separate unit retail prices
approach in Taiwan 33 Measure of damages for infringement in Malaysia: lost
profits (~profit margin) times loss of sales 34 Damages for trade mark
infringement in Singapore: getting what one deserves? PART 7 Jurisdiction
and applicable law in trademark litigation Cross-border litigation 35
Exclusive jurisdiction over registration claim and applicable law to
transfers of foreign trademark rights in Japan Cross-region litigation 36
Principles for applicable law for trademark infringement in Taiwan
applicable to cases involving Hong Kong companies 37 Private international
and inter-regional law rules for trademark infringement in mainland China
Domestic litigation 38 Remedying mischief in deciding jurisdiction
favouring the plaintiff in India