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The TRIPS Regime of Trademarks and Designs
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The same author who wrote The TRIPS Regime of Patent Rights, a thorough commentary on the patent and test data-related provisions of the TRIPS Agreement that in just three years has become a classic work in its field (already in its second edition), offers us now The TRIPS Regime of Trademarks and Designs. With the authority and in-depth experience of a WIPO official whose daily work is to assist developing countries implementing TRIPS obligations in the area of industrial property, the author examines with the same accuracy and expertise the intrincacies of the TRIPS provisions concerning tra...
The same author who wrote The TRIPS Regime of Patent Rights, a thorough commentary on the patent and test data-related provisions of the TRIPS Agreement that in just three years has become a classic work in its field (already in its second edition), offers us now The TRIPS Regime of Trademarks and Designs. With the authority and in-depth experience of a WIPO official whose daily work is to assist developing countries implementing TRIPS obligations in the area of industrial property, the author examines with the same accuracy and expertise the intrincacies of the TRIPS provisions concerning trademarks and industrial designs. Associating practical experience with academic scholarship, this book provides simple and enlightening guidance to complex questions, such as:
Can WTO Members envisage a third modality of exhaustion that retains the benefits of the two known modalities (national and international exhaustion) and yet overcomes the shortcomings of both? Are WTO Members obliged to register color marks? And what about sounds, smells and tastes? What are WTO Members- obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? What are the requisites for marks to become well-known? Is notoriety enough? Can a WTO Member require that they convey some sort of reputation? Can a WTO Member make protection of well-known marks dependent on actual use in their territory? How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? How can WTO Members meet their obligations as regards the facilitated registration of textile designs?
Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in The TRIPS Regime of Trademarks and Designs that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. This book combines a practically-focused article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property at a deeper level.
Can WTO Members envisage a third modality of exhaustion that retains the benefits of the two known modalities (national and international exhaustion) and yet overcomes the shortcomings of both? Are WTO Members obliged to register color marks? And what about sounds, smells and tastes? What are WTO Members- obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? What are the requisites for marks to become well-known? Is notoriety enough? Can a WTO Member require that they convey some sort of reputation? Can a WTO Member make protection of well-known marks dependent on actual use in their territory? How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? How can WTO Members meet their obligations as regards the facilitated registration of textile designs?
Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in The TRIPS Regime of Trademarks and Designs that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. This book combines a practically-focused article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property at a deeper level.