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Trademark and unfair competition law and policy in Japan / by Kenneth L. Port.
2007
K 710 POR.T
Available at WIPO Library
Items
Details
Title
Trademark and unfair competition law and policy in Japan / by Kenneth L. Port.
Author
Port, Kenneth L., author.
Description
xiii, 268 pages ; 24 cm
ISBN
9781594601309
1594601305 alk. paper
1594601305 alk. paper
Alternate Call Number
K 710 POR.T
Summary
"Trademark and Unfair Competition Law and Policy in Japan describes both the nature and process of protecting appellations of source in Japan and provides normative commentary on this protection. By focusing on the Japanese judiciary's interpretation of two statutes - the Trademark Law and the Unfair Competition Prevention Act - some important lessons are learned. First, the Japanese judiciary treats trademark owners (both foreign and domestic) paternalistically. Japanese courts go to great extremes to avoid harsh results that seem possible under a strict reading of these two statutes. Second, Japanese trademark owners are extremely rights-conscious and pursue litigation to the fullest in order to drive up the cost of market access by competitors.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
I. Introduction; II. The conceptual origin of Japanese trademark jurisprudence; III. Why protect trademarks? IV. Subject matter; V. Infringement of the trademark right; VI. Requirements of a trademark acquistion of trademark rights; VII. Registration of trademarks; VIII. Value of use; IX. Loss of trademark rights; X. Dilution-like protection under the UCPA; XI. Product configuration under the UCPA; XII. Domain names; XIII. Madrid protocol.
Published
Durham, NC : Carolina Academic Press, c2007.
Language
English
Record Appears in
all
Review
"Trademark and Unfair Competition Law and Policy in Japan describes both the nature and process of protecting appellations of source in Japan and provides normative commentary on this protection. By focusing on the Japanese judiciary's interpretation of two statutes - the Trademark Law and the Unfair Competition Prevention Act - some important lessons are learned. First, the Japanese judiciary treats trademark owners (both foreign and domestic) paternalistically. Japanese courts go to great extremes to avoid harsh results that seem possible under a strict reading of these two statutes. Second, Japanese trademark owners are extremely rights-conscious and pursue litigation to the fullest in order to drive up the cost of market access by competitors.