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Annotated Leading Trademark Cases in Major Asian Jurisdictions

Annotated Leading Trademark Cases in Major Asian Jurisdictions

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367313432
  • 出版时间 October 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,821.25
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  • 描述 
  • 大纲 
  • 详细

    There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development.

    The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance.

    Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

  • Part 1: Introduction
    1. Features of Trademark Laws and Cases in Major Asian Jurisdictions
    Kung-Chung Liu
    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
    Prayudi Setiadharma
    3. Google’s Keyword Advertisement in Taiwan: No Use of Trademark, but Obviously Unfair
    Kung-Chung Liu
    Confusion and Passing Off
    4. Similarity in Appearance, Concept or Pronunciation alone not yet Similarity of Marks in Japan
    Christopher Heath
    5. The Principles of Passing-off under Trademark Law Apply to Domain Names in India
    Prashant Reddy Thikkavarapu
    Part 3: Application of Market Survey in Solving Trademark Disputes
    Market Survey Not Well Accepted
    6. Market Survey Recently Recognized as a Persuasive Tool to Solve Trademark Disputes in China
    Haijun Jin
    7. Market Survey in Malaysia: An Impracticable and Undesirable way to Adduce Evidence in Trademark Lawsuit
    Sik Cheng Peng
    8. Market Survey Seldom Accepted by Taiwanese Courts in Trademark Litigation
    Kung-Chung Liu
    Proving Acquired Distinctiveness through Use by Questionnaire
    9. Three-dimensional Shape of Coca-Cola Bottles Registrable: Acquired Distinctiveness Evidenced by Questionnaire in Japan
    Yoshiyuki Tamura
    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
    Susanna Leong
    11. International Exhaustion of Trademark Rights in India
    Arul George Scaria
    12. The Exhaustion Defence to Trademark Infringement and Parallel Importation in Malaysia
    Heng Gee Lim
    13. Justifiability of Parallel Import and Trademark Infringement by Imports Produced in Breach of a Licensing Agreement in Japan
    Masabumi Suzuki
    14. Scope of a Parallel Importer’s Permissible Use of a Trademark in Marketing Activities in Korea
    Won Bok Lee and Kyoung-Shin Park
    Fair Use
    15. Right of a Trader in India to Use Other Trader’s Mark by way that is Reasonably Necessary
    Raman Mittal
    16. "Denominative" Use of Other’s Trade Mark Can Constitute Prima Facie "Due Cause" under Section 294 of the Indian Trade Marks Act
    Renuka Medury
    17. Establishing a Parody Defence Standard within the Framework of Taiwan’s Trademark Act
    Chiang Yachi
    Compulsory Trademark Licensing?
    18. Finding Infringement but Refusing to Grant Permanent Injunction Under Chinese Trademark Law
    Huaiwen He
    Part 5: Protection of Well-known Marks
    Against Likelihood of Dilution
    19. The Protection of Well-known Marks Against Dilution Via SPC in China
    Weijun Zhang
    20. Dilution of a Well-known Trade Mark as Ground for Refusal of Registration of An Identical or Similar Mark for Different Goods or Services in Malaysia
    Tay Pek San
    21. Trade Mark Dilution Before and After Section 294 of the Indian Trade Marks Act
    Renuka Medury
    22. Taiwan IP Court Decisions Tend to Treat Likelihood of Confusion and Likelihood of Dilution as Mutually Interchangeable
    Kung-Chung Liu and Fa-Chang Cheng
    Against Registration of Confusingly Similar Trademarks
    23. Bad-faith Registration of Marks Similar to Well-known Ones as Ground for Registration Cancellation in Indonesia
    Prayudi Setiadharma
    Against Unfair Competition
    24. Protection of Famous Product Configuration Mark Viagra Trademark for Diamond Shape and Blue Color in Korea
    Byungil Kim
    25. Concurrent Trademark Infringement and Unfair Competition in the Philippines
    Alex Ferdinand Fider
    Against Abuse of Registered Trademarks
    26. Unregistered Well-known Trademark Owner Accused of Infringement in Japan: Abuse of Right Defense after Five-year Invalidation Period
    Masaharu Miyawaki
    Part 6: Infringement and Damages
    Infringement
    27. Trademark Rights-Infringing Comparative Advertising in India
    Arpan Banerjee
    28. Contributory Trademark Infringement Liability of Online Open Market Operators based on the Civil Code in Korea
    Byungil Kim
    29. Exclusive Licensee’s Rights in Singapore: Contractual and Not Proprietary against Owners of Marks
    Sue-Ann Li
    Defense against Damages: No Trademark Use
    30. The De-linkage and Re-linkage between Trademark Use and Damages in China
    Chen Li
    Defense against Damages: Non-occurrence of Damage
    31. Trademark Infringement Defense based on Non-occurrence of Damage in Japan
    Ichiro Nakayama
    Measure of Damages
    32. Determination of Damages for Trademark Infringement by the Separate Unit Retail Prices Approach in Taiwan
    Hao-Yun Chen
    33. Measure of Damages for Infringement in Malaysia: Lost Profits Profit Margin times Loss of Sales
    Ainee Adam
    34. Damages for Trademark Infringement in Singapore: Getting What One Deserves?
    Benjamin Tham
    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
    Yasuto Komada
    Cross-Region Litigation
    36. Principles for Applicable Law for Trademark Infringement in Taiwan Applicable to Cases involving Hong Kong Companies
    Kung-Chung Liu
    37. Private International and Inter-regional Law Rules for Trademark Infringement in Mainland China
    Lizhou Wei
    Domestic Litigation
    38. Remedying Mischief in Deciding Jurisdiction Favouring the Plaintiff in India
    Gargi Chakrabarti and Saahil Dama

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