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\def\WIPO{World Intellectual Property Organisation}
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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
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Items
详细记录
Title
Trademark and unfair competition law and policy in Japan / by Kenneth L. Port.
Author
描述
xiii, 268 pages ; 24 cm
国际图书编号
9781594601309
1594601305 alk. paper
1594601305 alk. paper
Alternate Call Number
K 710 POR.T
摘要
"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.
书目等附注
Includes bibliographical references and index.
格式化内容附注
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.
语言
eng
记录出处
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.