Trademarks law Books

Book SynopsisThe new edition of a well-established text, A Practical Guide to Trade Mark Law provides a comprehensive, digestible and approachable introduction to trade mark law, explaining the technicalities of the law in plain, accessible language.While the focus of the book is primarily on UK law, it also deals with the acquisition and protection of EUTrade Marks, and procedure at OHIM, drawing comparisons between trade marks in the UK, and EU Trade Marks where appropriate.The book remains highly practical throughout, comprising discussion on topics such as the absolute and relative tests for registrability, registration practice and procedure, revocation, assignment and licensing, as well as complete coverage of the law on infringement, passing off and remedies.Trade ReviewThis excellent book was a gem before, and it is now an even better-polished, more sparkling gem again. I have no hesitation in recommending to you, may imploring you, to buy it: it should be on every practitioner's - and trainer's - desk. * Tibor Gold, CIPA, 02/06/2014 *Table of Contents1. The trade mark system and the functions of trade marks ; 2. Registrable marks ; 3. Relative grounds for refusal of registration ; 4. Practice and procedure in the trade marks registry and OHIM ; 5. Revocation and invalidity ; 6. Assignment and licensing of marks ; 7. Infringement of trade marks ; 8. Passing off ; 9. Remedies and procedure for infringement of trade mark and passing off

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Book SynopsisThis volume describes and critically analyzes the international and regional frameworks of trademark law. A valuable resource for scholars, practitioners, and policy-makers, the book also provides comparative perspectives on substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names.Trade Review'With brands assuming ever greater importance and value in the global market, this work is a much needed, comprehensive and insightful contribution from leading global experts.' Francis Gurry, Director General, World Intellectual Property Organization'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity; this substantial volume meets the consequent need for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions.' Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics.' Fernando dos Santos, Director General, African Regional Intellectual Property Organization (ARIPO)'Just from looking at the table of contents - and, even more, the list of contributors - one knows that this is a must-read book for anyone practicing or writing in the field of trade mark law.' Sir Robin Jacob, Hugh Laddie Professor of IP Law, University College London'Comprising a pantheon of leading specialists on trademark law from around the world, this Handbook is by far the most comprehensive and important collection of commentary on international and comparative trademark law yet produced.' Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. The editors have assembled a stellar group of authors, who masterfully discuss complex issues from many jurisdictions.' Alexander von Mühlendahl, Attorney-at-Law, Bardehle Pagenberg, and Visiting Professor, Queen Mary University of LondonTable of ContentsPart One. International Aspects of Trademark Protection; Part Two. Comparative Perspectives on Trademark Protection; Part II.

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Book SynopsisTrade Review‘This is an impressive book. To my mind, it's the most comprehensive look at approaches to dilution around the world. It will be a great resource for anyone wanting a deep understanding of the concept and its application in different jurisdictions. It will certainly have a place on my shelf.’ -- Mark P. McKenna, UCLA School of Law, US‘The work is a tour de force through the evolving law on Trademark Dilution. It provides valuable insights on the theory and practice of this developing area of trademark law globally through its in-depth treatment of the history, the statutory framework and the case law in key commercial countries by many of the leading practitioners in the field. It is an essential guide for today’s practitioners.’ -- Nadine H. Jacobson, Esq., Partner, Fross Zelnick Lehrman & Zissu, P.C., US‘Few know or have written more about the law of trademarks than Daniel Bereskin. Here he assembles a cast of well-known specialist lawyers and professors to discuss the law relating to trademark dilution and “free riding” across key jurisdictions in Europe, Asia, the Americas, Africa, Oceania, and the Middle East. Anyone seeking to understand this field better or needing practical guidance will find no better source than this highly readable comprehensive and authoritative work.’ -- David Vaver, University of Oxford, UK and Osgoode Hall Law School, CanadaTable of ContentsContents: Foreword xxxiii Preface xxxv Table of Cases xxxvii Table of Laws and Rules li PART I HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW 1 Overview of International Dilution Law 2 Daniel R. Bereskin 2 Historical Roots of European Dilution Law 10 Ilanah Fhima 3 The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34 Jerre B. Swann PART II TRADEMARK DILUTION LAW THROUGHOUT THE WORLD 4 Argentina 87 Jorge Otamendi 5 Australia 103 Odette Gourley 6 Brazil 128 Peter Dirk Siemsen and Rafael Atab 7 Canada 143 Daniel R. Bereskin 8 Chile 164 Rodrigo Velasco S. 9 China 174 Xuemin Chen 10 Trademark Dilution in the European Union 188 Charles Gielen 11 India 227 Dev S. Gangjee 12 Israel 247 Neil Wilkof and Narda Ben-Zvi 13 Japan 263 Kenneth L. Port, Yoshiyuki Tamura and Mary LaFrance 14 Republic of Korea (Korea) 279 Cheon-Woo Son and Angela Kim 15 Mexico 290 Roberto Arochi 16 Singapore 308 Elizabeth V. Cardoza and Gladys Mirandah 17 South Africa 324 Wim Alberts and Owen Salmon 18 Switzerland 340 Patrick Troller and Gallus Joller 19 United States Jurisprudence Following the Enactment of the Trademark Dilution Revision Act of 2006 353 Theodore H. Davis Jr 20 Survey Evidence in U.S. Dilution Cases 417 Gerald L. Ford and AnnaBelle Sartore PART III TRADEMARK DILUTION LAW AND FREEDOM OF EXPRESSION 21 Unfair Advantage Law in the European Union 441 Ilanah Fhima and Sir Robin Jacob 22 Dilution and Freedom of Expression in Europe 467 Wolfgang Sakulin 23 The Impact of Freedom of Expression on Dilution Enforcement (and Vice Versa) in the United States 517 Anthony L. Fletcher and Kristen McCallion Index 542

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Book SynopsisTrade Review‘A must have for all those involved in domain name disputes. It offers extremely valuable guidance for effective litigation under the UDRP, both for complainants and defendants.’ -- Professor Charles Gielen, NautaDutilh, Amsterdam, the Netherlands and University of Stellenbosch, South AfricaTable of ContentsContents: Foreword Preface Table of WIPO Domain Name Decisions 1 History, organization, and management of the Uniform Domain Name Dispute Resolution Policy (UDRP) 2 WIPO UDRP procedure 3 First UDRP element: proving the disputed domain name is identical or confusing with complainant’s trademark 4 Second UDRP element: respondent has no rights or legitimate interests in disputed domain name 5 Third UDRP element: the disputed domain name has been registered and is being used in bad faith 6 Procedural issues 7 Litigating WIPO UDRP disputes Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy Appendix 2 ICANN Rules for Uniform Domain Name Dispute Resolution Policy Appendix 3 World Intellectual Property Organization Supplemental Rules for Uniform Domain Name Dispute Resolution Policy Appendix 4 WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) Appendix 5 Complaint Form Appendix 6 Response Form Index

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Book SynopsisThis book is a thoroughly revised and updated third edition of what has become the go-to reference on collective marks and certification marks and remains the only complete volume devoted to these increasingly significant types of trademarks.

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Book SynopsisTrade Review‘With a focus on US and German law, Aslani’s analysis of the legal protection of hashtags highlights persistent problems of doctrinal incoherence and inconsistency in two very different trade mark regimes. While providing scholarly rigor and depth, Hashtags and Trade Marks: A Comparative Legal Approach also offers practical solutions and a taxonomy of hashtag categories that will assist lawyers, judges, and administrative authorities dealing with real-world questions of registration and scope of protection for these unconventional marks. The implications of this multifaceted study could reach beyond the example of hashtags alone; as the opportunities afforded by digital technology exercise their profound influence on human relations in every sphere, the principles outlined in this book may well be applied to as-yet unimagined modes of future communication.’ -- Barbara Lauriat, Texas Tech University, US‘This is a must read for anyone who has an interest in hashtags and trademark law. A very timely, first-of-its kind publication, this insightful work covers three crucial jurisdictions, the US, the EU and Germany to unpack the underlying fundamental issues of freedom of expression, competition and trade mark protection in the current information space.’ -- Frederick Mostert, King’s College London, UKcTable of ContentsContents: PART I #SETTINGTHESTAGE: FOUNDATIONS, ANCESTRY AND TAXONOMY OF HASHTAGS 1 Introduction: hashtags as trade marks and trade marks as hashtags 2 Ancestry and uses of hashtags PART II NAVIGATING THE HASHTAG LEGAL LANDSCAPE: IN-DEPTH ANALYSIS 3 Registered rights and hashtags 4 Hashtag mark infringement 5 Defences/fair use PART III CLOSING ARGUMENTS: REACHING A CONCLUSION 6 Conclusion: addressing the conundrum of hashtag trade marks Index

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Book SynopsisTrade Review‘If the COVID pandemic had a silver lining, it’s that it led us to reconsider exclusive rights as the principal mechanism for encouraging innovation. This book is a brilliant contribution to that analysis. In its pages, scholars from around the globe discuss flexibilities in the current IP regime and offer new approaches, both inside and outside that system, to improve access.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: IPR in times of crisis – lessons learned from the Covid-19 pandemic: An introduction xi Jens Schovsbo 1 The COVID-19 TRIPS waiver and the WTO Ministerial Decision 1 Peter K. Yu 2 Two decades after Doha: Compulsory licence and the Waiver Proposal under the COVID-19 pandemic 26 Cindy Zheng and Angelia Jia Wang 3 Unblocking the human right to access the benefits of science in the Covid-19 era 59 Genevieve Wilkinson and Evana Wright 4 Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic 83 Helen Yu 5 Patent pools: A licensing option for medicines and vaccines in times of a crisis? 104 Agnieszka Sztoldman 6 Adequate remuneration for Crown use of patents: Some guidance from constitutional property law 122 Mikhalien du Bois 7 Copyright and COVID 140 Sean M. Flynn 8 Do we need another copyright or another science? (Re) interpreting the right to science for scholarly publishing 153 Klaus D. Beiter 9 An international instrument on copyright and educational uses: Regulatory models and lessons 182 Faith Majekolagbe and Giulia Priora 10 Revitalising the UK music industries in the aftermath of Covid-19: A feminist critique of music copyright 204 Metka Potočnik

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Book SynopsisThe Modern Law of Trade Marks is a comprehensive guide on trade mark law enabling practitioners to provide clients with effective advice with the best possible support and authority. It includes detailed analysis of important UK and European legislation and in-depth commentary.This new sixth edition is fully revised and updated to take into account all the latest developments since the last edition.

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Book SynopsisThis book provides a comprehensive guide to the EU Trade Mark Regulation (EUTMR). The book comments in detail on all provisions of the EUTMR, taking into account the case law of the European Court of Justice and domestic courts as EU Trade Mark courts. It then goes on to look at the decisions of the General Court, the Boards of Appeal and the first instance practice of the EUIPO.

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Book SynopsisIn the early nineteenth century, the American commercial marketplace was a chaotic, unregulated environment in which knock-offs and outright frauds thrived. Appearances could be deceiving, and entrepreneurs often relied on their personal reputations to close deals and make sales. Rapid industrialization and expanding trade routes opened new markets with enormous potential, but how could distant merchants convince potential customers, whom they had never met, that they could be trusted? Through wide-ranging visual and textual evidence, including a robust selection of early advertisements, Branding Trust tells the story of how advertising evolved to meet these challenges, tracing the themes of character and class as they intertwined with and influenced graphic design, trademark law, and ideas about ethical business practice in the United States. As early as the 1830s, printers, advertising agents, and manufacturers collaborated to devise new ways to advertise goods. They used eye-catching designs and fonts to grab viewers’ attention and wove together meaningful images and prose to gain the public’s trust. At the same time, manufacturers took legal steps to safeguard their intellectual property, formulating new ways to protect their brands by taking legal action against counterfeits and frauds. By the end of the nineteenth century, these advertising and legal strategies came together to form the primary components of modern branding: demonstrating character, protecting goodwill, entertaining viewers to build rapport, and deploying the latest graphic innovations in print. Trademarks became the symbols that embodied these ideas—in print, in the law, and to the public. Branding Trust thus identifies and explains the visual rhetoric of trust and legitimacy that has come to reign over American capitalism. Though the 1920s has often been held up as the birth of modern advertising, Jennifer M. Black argues that advertising professionals had in fact learned how to navigate public relations over the previous century by adapting the language, imagery, and ideas of the American middle class.Trade Review"Why would anyone trust an advertisement? Why, especially, in the long nineteenth century when novel products and media entered rapidly growing markets from unfamiliar sources? Jennifer M. Black probes these and other questions in Branding Trust, the most significant study of American advertising history in a generation. Masterful insights follow from her immense and innovative research to explain how pioneers in print advertising designed imagery to convey their trustworthiness and legitimacy. Through her rare appreciation for the interplay of evolving media, markets, courts, and diverse cultures, Black explains and generously illustrates the history of advertising’s visual rhetoric." * Pamela Walker Laird, author of Advertising Progress: American Business and the Rise of Consumer Marketing *"Jennifer Black recasts our understanding of how American capitalism came to rest so powerfully on corporate brands. That process involved a century of experimentation by manufacturers, merchants, advertising firms, and publishers, all of whom wrestled with the moral economy of competition, the legal boundaries of fraud, and the underpinnings of consumer trust amid industrialization. The establishment of reputations for quality, Black shows, was bound up as much with debates over gender roles and racial hierarchies as it was with technological advances, inventiveness in graphic design, and efforts to track consumer response to ad campaigns." * Edward J. Balleisen, author of Fraud: An American History from Barnum to Madoff *

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Book Synopsis"A highly accessible text." —Lawyers WeeklyA User-Friendly Handbook on Understanding TrademarksTrademarks are a crucial part of the American economy. In plain language with scores of real-life examples, this new edition of The Trademark Guide draws on Wilson's experience and addresses issues important to both would-be trademark owners and those who already own trademarks, including: How to choose a trademark without risking a lawsuit How trademark rights are gained and perfected How to use a trademark properly What constitutes trademark infringement What to do if your trademark is infringed How trademark law applies to new media And much more Completely updated to reflect recent court decisions and changes in the law, this edition features an Internet trademark resources list and expanded information on trademarks in the digital world. Packed with examples, FAQs, and a glossary, The Trademark Guide, Third Edition, will become the go-to for anyone with questions about the complexities of trademark law.Trade Review"A highly accessible text." —Lawyers Weekly

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Book SynopsisThere is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.'- Daniel J. Gervais, Vanderbilt University Law School, US'Trademark law is territorial but trademarks, like trade, are increasingly global. Trademark owners often operate in worldwide markets where they are confronted with varying territorial legal rules about registration and even use of their trademarks. This apparent dichotomy between trade without borders and trademark laws with borders creates many challenging legal and practical issues which this volume tackles. This outstanding collection offers both specialists and novices insights into this complex topic. The editors are to be commended for their foresight in bringing this collection together.'- Susy Frankel Victoria, University of Wellington, New Zealand'The growing globalization of trade increases the challenges faced by trademark owners in the territories where they operate or plan to expand. Trademark owners thus have to find ways to solve the tension between global markets and territorial regimes of protection, which is precisely what this book explores from different angles and what makes it an essential work in today's borderless and brand-based economy. The result is a remarkable collection of original and thought-provoking chapters, which masterfully discuss the challenges and opportunities that the global economy presents, and will continue to present, for the territorial acquisition and enforcement of trademark rights.'- Jacques de Werra, University of Geneva, SwitzerlandAs the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field.The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names. A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context.Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource.Contributors include: G.W. Austin, I. Calboli, L. Chan Grinvald, M. Chon, D.C.K. Chow, G.B. Dinwoodie, C.H. Farley, L.C. Grinvald, M. LaFrance, M.A. Leaffer, E. Lee, J. Lipton, L.A.W. Lockridge, D.E. Long, P.-E. Moyse, M. Wong, P.K. Yu, D. Zografos JohnssonTrade Review'This lively and scholarly edited collection is published as part of Edward Elgar's Intellectual Property and Global Development Series. . .The editors are to be congratulated on their thoughtful choice and grouping of contributions to this timely volume. The writing is of a consistently high standard, is well referenced and likely to prompt further research. The book is handsomely produced as one expects of Edward Elgar publications. A table of cases and legislative instruments would have been useful: some but by no means all of these are, however, listed in the general index . The book deserves a wide readership among trade mark lawyers and a place on international intellectual property law syllabi.' --Professor Norma Dawson, European Intellectual Property Review'This book is essential reading for attorneys who represent clients involved in disputes involving foreign trademarks, geographic designations for products, or gray market goods, or whose trademark practice includes the acquisition and enforcement of trademark rights in foreign lands. It also serves as a valuable and illuminating resource for scholars, legislators, judges, trademark office regulators, and anyone else considering whether the territorial model of trademark law is an ''anachronism'' in today's global marketplace. . . . This informative book should be part of the legal toolkit of any practicing trademark attorney, and will likely influence future trademark policy and scholarship. The chapters provide an excellent overview of various legal issues that are critical to the global practice of trademark law today. The authors' original legal analysis and practical solutions to the problems set forth in the chapters are an important contribution to the complex and challenging field of international, comparative, and transnational trademark law.' --Lisa P. Ramsey, The IP Law Book Review'The legal and practical challenges created by the apparent tension between the operation of trade mark laws and the borderless nature of a brand-based economy is explored throughout this book. . . . it has contributions from writers across the globe, providing a more balanced overview of the way this issue impacts different countries.' --Sharon Givoni, Sharon Givoni ConsultingTable of ContentsContents: Foreword Graeme Dinwoodie PART I: INTRODUCTION 1. The Inevitability of ‘Territoriality Challenges’ in Trademark Law Graeme W. Austin PART II: TERRITORIAL NORMS AND (GLOBAL) WELL-KNOWN MARKS 2. Protection of Well-Known Marks: A Transnational Perspective Marshall A. Leaffer 3. Interactivity, Territoriality, and Well-Known Marks Leah Chan Grinvald 4. The Pan-American Trademark Convention of 1929: A Bold Vision of Extraterritorial Meets Current Realities Christine Haight Farley PART II: PROTECTING QUALITY AND IDENTITY IN THE GLOBAL ECONOMY 5. Marks and More(s): Certification in Global Value Chains Margaret Chon 6. Branding the Land: Creating Global Meanings for Local Characteristics Doris Estelle Long 7. Signs Beyond Borders: Moving from Commodity to Differentiated Exports in the Coffee Industry Daphne Zografos Johnsson PART III: TERRITORIALITY, EXHAUSTION OF RIGHTS, AND GRAY MARKET PRODUCTS 8. The (Avoidable) Effects of Territorially Different Approaches to Trademark and Copyright Exhaustion Irene Calboli 9. Avoiding Mutant Trademarks: A Statutory Exclusion for Copyrighted Accessories to Parallel Imports Mary LaFrance 10. ‘La Confusion des Genres’: Logos and Packaging as Copyrighted Works Pierre-Emmanuel Moyse PART IV: (NATIONAL) TRADEMARK ENFORCEMENT CHALLENGES 11. Territoriality (Mis)Understood: Enforcing Well-Known Foreign Marks in the United States Lee Ann W. Lockridge 12. The Curious Case of Fake Beijing Olympics Merchandise Peter K. Yu 13. Trademark Enforcement in Developing Countries: Counterfeiting as an Externality Imposed by Multinational Companies Daniel C.K. Chow PART V: TRADEMARK TERRITORIALITY AND THE REGULATION OF CYBERSPACE 14. Trademarks, Free Speech, and ICANN’s New gTLD Process Jacqueline Lipton and Mary Wong Index

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Book SynopsisThis three-volume collection comprises a selection of research articles and papers on geographical indications by the leading academics in this field. The collection examines the functions and economic underpinnings of this form of product designation, together with the various forms of legal protection of geographical indications, both national and international. It contains a number of contributions that examine the potential impacts of geographical indications in developing countries, which explore this form of marketing through case studies.With an original introduction by the editor Michael Blakeney, these volumes are an excellent reference for scholars and researchers in this field.Trade Review'Even as geographical indications allude to a number of different intellectual property instruments – and, of course, commercial and trading practices - they were only formally defined in the Agreement on Trade-Related Aspects of Intellectual Property Rights. Controversial as these negotiations were and continue to remain, the divisions on GIs fail to easily collapse into the usual North–South divide and consequently raise many more interesting questions. And, these questions pertain to law and legal systems; but, also span matters concerning economics and marketing, indigenous peoples’ rights and cultural protection, fair trade and supply chains to name a few. The three volume collection edited by Michael Blakeney accomplishes the incredible task of attending to this array of concerns. Intelligently selecting key articles from law and the social sciences, in particular rural sociology and geography, whilst also including case studies and economic analysis, Geographical Indications assembles the best scholarship on GIs. Without doubt, the three volumes will be a must-have possession for anyone with an interest in the debates and controversies concerning GIs.' -- Dwijen Rangnekar, University of Warwick, UKTable of ContentsContents: Volume I Acknowledgements Introduction Michael Blakeney PART I GIs AS INTELLECTUAL PROPERTY 1. Warren Moran (1993), ‘The Wine Appellation as Territory in France and California’, Annals of the Association of American Geographers, 83 (4), December, 694–717 2. Norma Dawson (2000), ‘Locating Geographical Indications - Perspectives from English Law’, Trademark Reporter, 90, 590–614 3. Stephen Stern (2007), ‘Are GIs IP?’, European Intellectual Property Review, 29 (2), February, 39–42 4. William van Caenegem (2003), ‘Registered Geographical Indications: Between Intellectual Property and Rural Policy—Part II’, Journal of World Intellectual Property, 6 (6), November, 861–74 5. Justin Hughes (2006), ‘Champagne, Feta, and Bourbon: The Spirited Debate About Geographical Indications’, Hastings Law Journal, 58, December, 299–386 6. Erik W. Ibele (2009), ‘The Nature and Function of Geographical Indications in Law’, Estey Centre Journal of International Law and Trade Policy, 10 (1), 36–49 PART II FUNCTIONS OF GIs A Rural Development 7. Terry Marsden, Jo Banks and Gillian Bristow (2000), ‘Food Supply Chain Approaches: Exploring their Role in Rural Development’, Sociologia Ruralis, 40 (4), October, 424–38 8. Angela Tregear (2003), ‘From Stilton to Vimto: Using Food History to Re-think Typical Products in Rural Development’, Sociologia Ruralis, 43 (2), April, 91–107 9. Angela Tregear, Filippo Arfini, Giovanni Belletti and Andrea Marescotti (2007), ‘Regional Foods and Rural Development: The Role of Product Qualification’, Journal of Rural Studies, 23 (1), January, 12–22 10. Giovanni Belletti and Andrea Marescotti (2011), ‘Origin Products, Geographical Indications and Rural Development’, in Elizabeth Barham and Bertil Sylvander (eds), Labels of Origin for Food, Local Development, Global Recognition, Chapter 6, Wallingford, UK: CAB International, 75–91 B Certification of Product Quality 11. Stuart Landon and C.E. Smith (1997), ‘The Use of Quality and Reputation Indicators by Consumers: The Case of Bordeaux Wine’, Journal of Consumer Policy, 20 (3), September, 289–323 12. Ivo A. van der Lans, Koert van Ittersum, Antonella De Cicco and Margaret Loseby (2001), ‘The Role of the Region of Origin and EU Certificates of Origin in Consumer Evaluation of Food Products’, European Review of Agricultural Economics, 28 (4), December, 451–77 13. Dimitris Skuras and Alexa Vakrou (2002), ‘Consumers’ Willingness to Pay for Origin Labelled Wine: A Greek Case Study’, British Food Journal, 104 (10/11), 898–912 14. GianCarlo Moschini, Luisa Menapace and Daniel Pick (2008), ‘Geographical Indications and the Competitive Provision of Quality in Agricultural Markets’, American Journal of Agricultural Economics, 90 (3), August, 794–812 15. Tilman Becker (2009), ‘European Food Quality Policy: The Importance of Geographical Indications, Organic Certification and Food Quality Assurance Schemes in European Countries’, Estey Centre Journal of International Law and Trade Policy, 10 (1), 111–30 16. Ramona Teuber (2011), ‘Consumers’ and Producers’ Expectations Towards Geographical Indications: Empirical Evidence for a German Case Study ’, British Food Journal, 113 (7), 900–18 17. Antonio Stasi, Gianluca Nardone, Rosaria Viscecchia and Antonio Seccia (2011), ‘Italian Wine Demand and Differentiation Effect of Geographical Indications’, International Journal of Wine Business Research, 23 (1), 49–61 18. Luisa Menapace and GianCarlo Moschini (2012), ‘Quality Certification by Geographical Indications, Trademarks and Firm Reputation’, European Review of Agricultural Economics, 39 (4), September, 539–66 C Marketing Tool 19. Phil Evans (2006), ‘Geographic Indications, Trade and the Functioning of Markets’, in Meir Perez Pugatch (ed.), The Intellectual Property Debate: Perspectives From Law, Economics and Political Economy, Chapter 17, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing Ltd, 345–60 20. Daniele Giovannucci, Tim Josling, William Kerr, Bernard O’Connor and May T. Yeung (2009), ‘Valuing GIs: Their Pros and Cons’ in Guide to Geographical Indications: Linking Products and their Origins, Chapter 2, Geneva, Switzerland: International Trade Centre, 19–38 21. Pierre R. Mérel (2009), ‘On The Deadweight Cost Of Production Requirements for Geographically Differentiated Agricultural Products’, American Journal of Agricultural Economics, 91 (3), August, 642–55 22. Ramona Teuber (2010), ‘Geographical Indications of Origin as a Tool of Product Differentiation: The Case of Coffee’, Journal of International Food and Agribusiness Marketing, 22 (3–4), 277–98 23. Rungsaran Wongprawmas, Maurizio Canavari, Rainer Haas and Daniele Asioli (2012), ‘Gatekeepers’ Perceptions of Thai Geographical Indication Products in Europe’, Journal of International Food and Agribusiness Marketing, 24 (3), 185–200 24. Laurence Bérard and Philippe Marchenay (2006), ‘Local Products and Geographical Indications: Taking Account of Local Knowledge and Biodiversity’, International Social Science Journal, 58 (187), March, 109–16 D Cultural Protection 25. Tomer Broude (2005), ‘Taking “Trade and Culture” Seriously: Geographical Indications and Cultural Protection in WTO Law’, University of Pennsylvania Journal of International Economic Law, 26 (4), Winter, 623–92 26. Christine de Sainte Marie and Laurence Bérard (2005), ‘Taking Local Knowledge into Account in the AOC System’, in Laurence Bérard, Marie Cegarra, Marcel Djama, Sélim Louafi, Philippe Marchenay, Bernard Roussel and François Verdeaux (eds), Biodiversity and Local Ecological Knowledge in France, Paris, France: INRA, CIRAD, IDDRI, IFB, 181–8 27. Rhonda Chesmond (2007), ‘Protection or Privatisation of Culture? The Cultural Dimension of the International Intellectual Property Debate on Geographical Indications of Origin’, European Intellectual Property Review, 29 (9), September, 379–88 28. Shivani Singhal (2008), ‘Geographical Indications and Traditional Knowledge’, Journal of Intellectual Property Law and Practice, 3 (11), November, 732–38 29. Michael Blakeney (2009), ‘Protection of Traditional Knowledge by Geographical Indications’, International Journal of Intellectual Property Management, 3 (4), 357–74 30. Teshager Dagne (2010), ‘Law and Policy on Intellectual Property, Traditional Knowledge and Development: Legally Protecting Creativity and Collective Rights in Traditional Knowledge Based Agricultural Products through Geographical Indications’, Estey Centre Journal of International Law and Trade Policy, 11 (1), 68–117 31. Alexandra Basak Russell (2010), ‘Using Geographical Indications to Protect Artisanal Works in Developing Countries: Lessons from a Banana Republic’s Misnomered Hat’, Transnational Law and Contemporary Problems, 19, Spring, 705–28 32. Anselm Kamperman Sanders (2010), ‘Incentives for and Protection of Cultural Expression: Art, Trade and Geographical Indications’, Journal of World Intellectual Property, Special Issue: The Law and Economics of Geographical Indications, 13 (2), March, 81–93 33. Susy Frankel (2011), The Mismatch of Geographical Indications and Innovative Traditional Knowledge’, Prometheus, 29 (3), September, 253–67 PART III EVALUATING THE EFFECTS OF GIs 34. Cerkia Bramley, Estelle Biénabe and Johann Kirsten (2009), ‘The Economics of Geographical Indications: Towards a Conceptual Framework for Geographical Indication Research in Developing Countries’, in Economics of Intellectual Property, Chapter 4, Geneva, Switzerland: World Intellectual Property Organization (WIPO), 109–41 35. Marguerite Paus and Sophie Reviron (2011), ‘Evaluating the Effects of Protecting Geographical Indications: Scientific Context and Case Studies’, in Giovanni Belletti, Andrea Marescotti, Marguerite Paus, Sophie Reviron, Angela Deppeler, Hansueli Stamm and Erik Thévenod-Mottet (eds), The Effects of Protecting Geographical Indications: Ways and Means of their Evaluation, Bern, Switzerland: Swiss Federal Institute of Intellectual Property, 11–30 36. Thierry Coulet (2012), ‘Assessing the Economic Impact of GI Protection’ in Michael Blakeney, Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop (eds.), Extending the Protection of Geographical Indications: Case Studies in the Protection of Agricultural Products in Africa, Chapter 5, London, UK: Earthscan, 101–19 Volume II Acknowledgements An introduction to all three volumes by the editor appears in Volume I PART I SUI GENERIS GI SYSTEMS A Historical Origins 1. Alessandro Stanziani (2004), ‘Wine Reputation and Quality Controls: The Origin of the AOCs in 19th Century France’, European Journal of Law and Economics, 18 (2), September, 149–67 B European Systems 2. Kevin H. Josel (1994), ‘New Wine in Old Bottles: The Protection of France’s Wine Classification System Beyond Its Borders’, Boston University International Law Journal, 12, 471–96 3. Bernard O’Connor and Irina Kireeva (2004), ‘Overview of the EC Case Law Protecting Geographical Indications: The Slicing of Parma Ham and the Grating of Grana Padano Cheese’, European Intellectual Property Review, 26 (7), July, 313–22 4. Lionel Bently and Brad Sherman (2006), ‘The Impact of European Geographical Indications on National Rights in Member States’, Trademark Reporter, 96, 850–904 5. Annette Kur and Sam Cocks (2007), ‘Nothing but a GI Thing: Geographical Indications Under EU Law’, Fordham Intellectual Property, Media and Entertainment Law Journal, 17 (4), 999–1016 6. G.E. Evans (2010) ‘The Comparative Advantages of Geographical Indications and Community Trade Marks for the Marketing of Agricultural Products in the European Union’, International Review of Intellectual Property and Competition Law, 41 (6), 645–74 7. G.E. Evans (2012) ‘The Simplification of European Legislation for the Protection of Geographical Indications: The Proposed Regulation on Agricultural Product Quality Schemes’, European Intellectual Property Review, 34 (11), 770–86 C Global Implications of the European System 8. Elizabeth Barham (2003), ‘Translating Terroir: The Global Challenge of French AOC Labeling’, Journal of Rural Studies, 19 (1), January, 127–38 9. Stéphan Marette (2009), ‘Can Foreign Producers Benefit from Geographical Indications Under the New European Regulation?’, Estey Centre Journal of International Law and Trade Policy, 10 (1), 65–76 PART II ALTERNATIVES TO SUI GENERIS GIs PROTECTION A GIs and Trade Marks 10. Louis C. Lenzen (1968), ‘Bacchus in the Hinterlands: A Study of Denominations of Origin in French and American Wine-Labeling Laws’, Trademark Reporter, 58, 145–87 11. Florent Gevers (1990), ‘Geographical Names and Signs Used as Trade Marks’, European Intellectual Property Review, 8, 285–91 12. Michael Maher (2001), ‘On Vino Veritas? Clarifying the Use of Geographic References on American Wine Labels’, California Law Review, 89 (6), December, 1881–925 13. Stephen Stern (2001), ‘The Overlap Between Geographical Indications and Trade Marks in Australia’, Melbourne Journal of International Law, 2 (1), June, 224–41 14. Shyamkrishna Balganesh (2002), ‘Systems of Protection for Geographical Indications of Origin: A Review of the Indian Regulatory Framework’, Journal of World Intellectual Property, 6 (1), January, 191–205 15. Robert Brauneis and Roger E. Schechter (2006), ‘Geographic Trademarks and the Protection of Competitor Communication’, Trademark Reporter, 96, 782–849 16. Miranda Risang Ayu (2006), ‘How Does Australia Regulate the Use of Geographical Indication for Products Other than Wines and Spirits?’, Macquarie Journal of Business Law, 3, 1–21 17. Irina Kireeva and Paolo R. Vergano (2006), ‘Geographical Indications and the Interface Between Trade Mark Protection and Sui Generis Protection: The Example of China, Thailand and Vietnam’, International Trade Law and Regulation, 12 (4), 97–107 18. Dev Gangjee (2007), ‘Quibbling Siblings: Conflicts Between Trademarks and Geographical Indications’, Chicago-Kent Law Review, 82 (3), 1253–91 19. Bradley M. Bashaw (2008), ‘Geographical Indications in China: Why Protect GIs with Both Trademark Law and AOC-Type Legislation?’, Pacific Rim Law and Policy Journal, 17 (1), 73–102 20. G.E. Evans (2013), ‘The Protection of Geographical Indications in the European Union and the United States Under Sui Generis and Trade Mark Systems: Signs of Harmonisation?’, Intellectual Property Quarterly, 1, 18–46 B Bilateral Agreements and Wine 21. David Vivas Eugui and Christoph Spennemann (2006), ‘The Treatment of Geographical Indications in Recent Regional and Bilateral Free Trade Agreements’, in Meir Perez Pugatch (ed.), The Intellectual Property Debate: Perspectives From Law, Economics and Political Economy, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing Ltd, 305–44 22. Tim Josling (2006), ‘The War on Terroir: Geographical Indications as a Transatlantic Trade Conflict’, Journal of Agricultural Economics, 57 (3), September, 337–63 23. Deborah J. Kemp and Lynn M. Forsythe (2006) ‘Trademarks and Geographical Indications: A Case of California Champagne’ Chapman Law Review, 10, 257–98 24. Brian Rose (2007), ‘No More Whining about Geographical Indications: Assessing the 2005 Agreement Between the United States and the European Community on the Trade in Wine’, Houston Journal of International Law, 29 (3), 731–70 25. Michael Blakeney (2012), ‘Geographical Indications and the International Trade in Australian Wines’, International Trade Law and Regulation, 18 (1), 70–8 Volume III Acknowledgements An introduction to all three volumes by the editor appears in Volume I PART I THE INTERNATIONAL DIMENSION A TRIPS in the International GIs Landscape 1. Paul J. Heald (1996), ‘Trademarks and Geographical Indications: Exploring the Contours of the TRIPS Agreement’, Vanderbilt Journal of Transnational Law, 29, 635–60 2. Michael Blakeney (2001), ‘Proposals for the International Regulation of Geographical Indications’, Journal of World Intellectual Property, 4 (5), September, 629–52 3. Felix Addor and Alexandra Grazioli (2002), ‘Geographical Indications beyond Wines and Spirits: A Roadmap for a Better Protection for Geographical Indications in the WTO/TRIPS Agreement’, Journal of World Intellectual Property, 5 (6), November, 865–97 4. Arinolayemi A. Adegbonmire and L. Taylor Arnold (2004), ‘Origin, Prominence, Profit, and Consumer Confusion: An Analysis of the Global Debate on Geographical Indication Protection Systems’, Final pre-publication version later published in Wake Forest Intellectual Property Law Journal, 4 (2), 68–103 5. José Manuel Cortés Martín (2004), ‘The WTO TRIPS Agreement: The Battle Between the Old and the New World over the Protection of Geographical Indications’, Journal of World Intellectual Property, 7 (3), May, 287–326 6. Jacqueline Nanci Land (2004), ‘Global Intellectual Property Protection as Viewed through the European Community’s Treatment of Geographical Indications: What Lessons can TRIPS Learn?’, Cardozo Journal of International and Comparative Law, 11, 1007–36 7. Michelle Agdomar (2008), ‘Removing the Greek from Feta and Adding Korbel to Champagne: The Paradox of Geographical Indications in International Law’, Fordham Intellectual Property, Media and Entertainment Law Journal, 18 (2), 541–607 8. Antony Taubman (2008), ‘Thinking Locally, Acting Globally: How Trade Negotiations over Geographical Indications Improvise “Fair Trade” Rules’, Intellectual Property Quarterly, 3, 231–67 9. Irina Kireeva and Bernard O’Connor (2010), ‘Geographical Indications and the TRIPS Agreement: What Protection is Provided to Geographical Indications in WTO Members?’, Journal of World Intellectual Property, Special Issue: The Law and Economics of Geographical Indications, 13 (2), March, 275–303 B TRIPS Revision 10. Steven A. Bowers (2003), ‘Location, Location, Location: The Case Against Extending Geographical Indication Protection Under the TRIPS Agreement’, AIPLA Quarterly Journal, 31 (2), Spring, 129–64 11. Aaron C. Lang (2006), ‘On the Need to Expand Article 23 of the TRIPS Agreement’, Duke Journal of Comparative and International Law, 16 (2), Spring, 487–510 12. G. E. Evans and Michael Blakeney (2006), ‘The Protection of Geographical Indications after Doha: Quo Vadis?’, Journal of International Economic Law, 9 (3), September, 575–614 13. Irene Calboli (2006), ‘Expanding the Protection of Geographical Indications of Origin Under TRIPS: “Old” Debate or “New” Opportunity?’, Marquette Intellectual Property Law Review, 10 (2), 181–203 14. Michel Vincent (2007), ‘Extending Protection at the WTO to Products Other Than Wines and Spirits: Who Will Benefit?’, Estey Centre Journal of International Law and Trade Policy, 8 (1), 57–68 15. Emily C. Creditt (2009), ‘Terroir vs. Trademarks: The Debate over Geographical Indications and Expansions to the TRIPS Agreement’, Vanderbilt Journal of Entertainment and Technology Law, 11 (2), 425–59 16. David Snyder (2008), ‘Enhanced Protections for Geographical Indications Under TRIPs: Potential Conflicts Under the U.S. Constitutional and Statutory Regimes’, Fordham Intellectual Property, Media and Entertainment Law Journal, 18 (5), 1297–321 17. Ritika Banerjee and Mohar Majumdar (2011), ‘In the Mood to Compromise? Extended Protection of Geographical Indications Under TRIPS Article 23’, Journal of Intellectual Property Law and Practice, 6 (9), 657–63 C The WTO GIs Dispute 18. Michael Handler (2006), ‘The WTO Geographical Indications Dispute’, Modern Law Review, 69 (1), January, 70–80 19. Lisa Bench Nieuwveld (2007), ‘Is This Really About What We Call Our Food or Something Else? The WTO Food Name Case Over the Protection of Geographical Indications’, International Lawyer, 41 (3), 891–922 D Revival of the Lisbon Agreement 20. Daniel J. Gervais (2010), ‘Reinventing Lisbon: The Case for a Protocol to the Lisbon Agreement (Geographical Indications)’, Chicago Journal of International Law, 11 (1), Summer, 67–126 PART II GIs AND DEVELOPING COUNTRIES 21. Sven Anders and Julie A. Caswell (2009), ‘The Benefits and Costs of Proliferation of Geographical Labeling for Developing Countries’ Estey Centre Journal of International Law and Trade Policy, 10 (1), 77–93 22. U. Grote (2009), ‘Environmental Labeling, Protected Geographical Indications and the Interests of Developing Countries’, Estey Centre Journal of International Law and Trade Policy, 10 (1), 94–110 23. Bernard Roussel and François Verdeaux (2007), ‘Natural Patrimony and Local Communities in Ethiopia: Advantages and Limitations of a System of Geographical Indications’, Africa: Journal of the International African Institute, Special Issue on Nature as Local Heritage in Africa, 77 (1), February, 130–50 24. Mary O’Kicki (2009), ‘Lessons Learned from Ethiopia’s Trademarking and Licensing Initiative: Is the European Union’s Position on Geographical Indications Really Beneficial for Developing Nations?’, Loyola University Chicago International Law Review, 6 (2), 311–37 25. Sarah Bowen (2010), ‘Development from Within? The Potential for Geographical Indications in the Global South’, Journal of World Intellectual Property, Special Issue on the Law and Economics of Geographical Indications, 13 (2), March, 231–52 26. May T. Yeung and William A. Kerr (2011), ‘Are Geographical Indications a Wise Strategy for Developing Country Farmers? Greenfields, Clawbacks and Monopoly Rents’, Journal of World Intellectual Property, 14 (5), September, 353–67 27. Cerkia Bramley and Estelle Bienabe (2012), ‘Developments and Considerations around Geographical Indications in the Developing World’, Queen Mary Journal of Intellectual Property, 2 (1), April, 14–37 PART III CASE STUDIES 28. Daniel W. Gade (2004), ‘Tradition, Territory, and Terroir in French Viniculture: Cassis, France, and Appellation Contrôlée’, Annals of the Association of American Geographers, 94 (4), December, 848–67 29. Jeongwook Suh and Alan MacPherson (2007), ‘The Impact of Geographical Indication on the Revitalization of a Regional Economy: A Case Study of ‘Boseong’ Green Tea’, Area, 39 (4), December, 518–27 30. Daniele Giovannucci and Virginia Easton Smith (2009), ‘The Case of Kona Coffee, Hawaii’, in Daniele Giovannucci, Tim Josling, William Kerr, Bernard O’Connor and May T. Yeung (eds), Guide to Geographical Indications: Linking Products and Their Origins, Geneva, Switzerland: International Trade Centre, 177–82 31. Jakkrit Kuanpoth and Daniel Robinson (2009), ‘Protection of Geographical Indications: The Case of Jasmine Rice and Thailand’, Intellectual Property Quarterly, 6 (3), 288–309 32. Koen Oosterom and Frédéric Dévé (2009), ‘The Case of Gobi Desert Camel Wool, Mongolia’, in Daniele Giovannucci, Tim Josling, William Kerr, Bernard O’Connor and May T. Yeung (eds), Guide to Geographical Indications: Linking Products and Their Origins, Geneva, Switzerland: International Trade Centre, 164–9 33. Kranti Mulik and John M. Crespi (2011), ‘Geographical Indications and the Trade Related Intellectual Property Rights Agreement (TRIPS): A Case Study of Basmati Rice Exports’, Journal of Agricultural and Food Industrial Organization, 9 (1), May, 1–19 34. Farooq Ahmad Mir and Farutal Ain (2010), ‘Legal Protection of Geographical Indications in Jammu and Kashmir—A Case Study of Kashmiri Handicrafts’, Journal of Intellectual Property Rights, 15, May, 220–7 35. Sophie Réviron and Nadja El Benni (2012), ‘Morocco: Argan Oil’, in Michael Blakeney, Thierry Coulet, Getachew Mengistie and Marcelin Tonye Mahop (eds), Extending the Protection of Geographical Indications: Case Studies of Agricultural Products in Africa, Chapter 13, London, UK: Earthscan, 255–65 Index

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Book SynopsisIrene Calboli and Jacques de Werra have put together a comprehensive look at trademark transactions throughout the world. Essential reading for specialists in international trademark law and for anyone who wants to understand more about laws other than their own.'- Mark A. Lemley, William H. Neukom Professor, Stanford Law School, US'Commercial transactions involving trademarks, especially across borders, have received scant in-depth attention in law literature. With insights from the emerging markets of Brazil, China and India to the EU and USA via Australia and Japan, this book deals with the multifarious aspects. The reader will finish it not only with their knowledge greatly enhanced but convinced that, at least in this field, the world most certainly is not flat.'- David Llewelyn, Singapore Management University and King's College London, UK'An incisive, must-have book for every practitioner or scholar who is serious about trademark transactions. The key areas of this crucial subject are compellingly unpacked by famous authors from around the globe in a user-friendly format. Outstanding scholarship and presentation.'- Frederick Mostert, University of Oxford, UK and Past President of the International Trademark AssociationThe Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms.Key features include:- A comprehensive overview of legal and policy-related issues- A blend of approaches underpinning strategic considerations with analytical rigour- Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions- Authorship from renowned trademark expertsPractitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.Contributors: L. Anderson, N. Binctin, G. Bühler, R. Burrell, I. Calboli, C. Czychowski, L. Dal Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo, M. Handler, M. Höpperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F. Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S. Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. YokomizoTrade Review‘Irene Calboli and Jacques de Werra have put together a comprehensive look at trademark transactions throughout the world. Essential reading for specialists in international trademark law and for anyone who wants to understand more about laws other than their own.’ -- Mark A. Lemley, William H. Neukom Professor, Stanford Law School, US‘Commercial transactions involving trademarks, especially across borders, have received scant in-depth attention in law literature. With insights from the emerging markets of Brazil, China and India to the EU and USA via Australia and Japan, this book deals with the multifarious aspects. The reader will finish it not only with their knowledge greatly enhanced but convinced that, at least in this field, the world most certainly is not flat.’ -- David Llewelyn, Singapore Management University and King's College London, UK‘An incisive, must-have book for every practitioner or scholar who is serious about trademark transactions. The key areas of this crucial subject are compellingly unpacked by famous authors from around the globe in a user-friendly format. Outstanding scholarship and presentation.’ -- Frederick Mostert, University of Oxford, UK and Past President of the International Trademark Association‘In addition, and to be expected, there’s excellent regional coverage of the key characteristics of trademark transactions in a range of jurisdictions. The contributors offer scholastic authorship from renowned trademark experts – giving us just what Edward Elgar publications always give us which is very high quality legal discussion throughout.’ -- The Barrister Magazine‘The publisher, Edward Elgar Publishing, must also be commended for the fine production of the book.’ -- Singapore Academy of Law Journal‘This book is a welcome addition to the library on transactional practice, an area which is often lacking in good references. The structure of the book is clear and helpful. . . it will serve as an excellent reference book for anyone practicing in international trade mark law, or handling international business transactions.' -- Journal of Intellectual Property Law and PracticeTable of ContentsContents: Foreword: Sir. Robin Jacob Introduction: Irene Calboli and Jacques de Werra PART I: TRADEMARK TRANSACTIONS IN THE GLOBAL MARKETPLACE A. International Framework 1. TRIPS, Trademarks, and Trademark Transactions: A Forced Reconciliation? Daniel J. Gervais 2. Trademark Transactions and the Normative Framework of the World Intellectual Property Organization Marcus Höpperger B. Strategic Considerations 3. Licensing Commercial Value: From Copyright to Trademarks and Back Jane C. Ginsburg 4. The Complexities of Domain Names Transactions: Contracts for a Market Where Value Increases with Time Cédric Manara 5. How to Make Two Out of One – the Ins and Outs of Trademark Portfolio Splitting Transactions Gregor Bühler and Luca Dal Molin 6. Competition, Markets, and Trademark Transactions Shubha Ghosh C. Valuation, Taxation, Security Interests and Bankruptcy 7. Brand Differentiation and Industry Segmentation—Drivers for Trademark Valuation in Corporate Transactions Roy P. D’Souza 8. Trademark Transactions and International Tax Strategies Jean-Frédéric Maraia 9. Registering Security Interests Over Trademarks in Australia: Theory and Practice Robert Burrell and Michael Handler 10. The Intersection of Trademarks, Licenses and Bankruptcy: Ending Uncertainties in the Law Xuan-Thao Nguyen D. Dispute Prevention and Settlement Mechanisms 11. Out of the Shadows: The Unique World of Trademark Consent Agreements Neil Wilkof 12. Choice-of-Court and Choice-of-Law Clauses in International Trademark Transactions Dai Yokomizo 13. Alternative Dispute Resolution Mechanisms for solving Trademark Disputes (Mediation, UDRP, Arbitration) Jacques de Werra PART II: TRADEMARK TRANSACTIONS AT THE REGIONAL AND NATIONAL LEVEL A. Trademark Transactions in Europe 14. Trademark Transactions in EU Law: Refining the Approach to Selective Distribution Networks and National Unfair Competition Law Martin Senftleben 15. UK Perspectives on Trademark Transactions: A Liberal Approach Laura Anderson 16. Trademark Transactions in Germany: A Continental European System Moves Towards Common Understanding with the US Axel Nordemann and Christian Czychowski 17. French Perspectives on Trademark Transactions: from the Civil Code to the Business Law? Nicolas Binctin B. Trademark Transactions in North and South America 18. Trademark Transactions in the United States: Towards a De Facto Acceptance of Trading In Gross? Irene Calboli 19. New Dress Code for Business Transactions in Brazil: Essentials and Peculiarities of Trademarks in the Spotlight José Carlos Vaz e Dias C. Trademark Transactions in Asia 20. Chinese Trademark Law and Trademark Transactions: A Law in Transition in the Global Economy He Guo 21. Japanese Perspectives on Trademark Transactions: Is Expansive Trademark Practice Prevailing Over the Conservative Stoicism? Shinto Teramoto 22. Trademark Transactions in ASEAN: Convergences and Divergences in Emerging Markets Susanna H.S. Leong 23. Trademark Transactions in India: Exploring the Genre, Scope and Consequence Raman Mittal Index

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Book SynopsisTrademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression.Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice.Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.Trade Review'This timely monograph not only shows the need to adapt trademark law and enforcement to social media and the ever-evolving digital environment, but also why the existing legal regime fails to offer trademarked logos adequate protection. Refreshing, provocative and passionately argued, the book will be of interest to anybody interested in intellectual property law and policy and the interplay of law and technology.' --Peter K. Yu, Drake University Law School, US'Friedmann has produced an innovative and thought-provoking monograph which defies conventional wisdom and accepted norms. Friedmann's innovative perspective on managing the challenges between trademark holders, online service providers and internet users is built upon his thorough analysis of the legal landscape and technology-related trends. What makes this research so unique and intellectually stimulating is the standard Friedmann dares to set for a solution - a paradigm shift for the trademark logo, with automatic and scalable enforcement and strict liability for online service providers.' --Bryan Mercurio, The Chinese University of Hong KongTable of ContentsContents: 1. Introduction PART I STAGE, PROTAGONISTS AND LEGAL CONFLICT 2. Stage of the Legal Conflict 3. Protagonists of the Legal Conflict 4. Analysis of the Legal Conflict PART II INADEQUACY OF THE LAW 5. Trademark Infringement and its Defences 6. Trademark Dilution and its Defences 7. Intermediary Liability PART III PARADIGM CHANGE 8. Moral Right of Integrity 9. Implementation of a Paradigm Shift 10. Conclusions Bibliography Index

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Book SynopsisThis follow-up to Graeme B. Dinwoodie and Mark D. Janis's successful book Trademark Law and Theory examines reform of trademark law from a number of perspectives and across many jurisdictions. In so doing, it analyses the most important current and future issues in the field, both providing normative frameworks for the development of trademark law and concrete proposals for reform.This Research Handbook is organized into three thematic parts discussing different areas of reform: the trademark registration process; subject matter boundaries and trademark protectability; and trademark scope and enforcement. Leading trademark law scholars from across the globe investigate important topics such as intermediary liability, trademark protection for product design, conceptions of the hypothetical ''average consumer'', and trademark depletion and congestion.Scholars and students of intellectual property law will find the provocative and insightful thinking in this Research Handbook stimulating and valuable. The practical suggestions for future reform will also be of interest to trademark lawyers, policymakers, brand managers and other marketing professionals.Trade Review‘I recommend the Research Handbook on Trademark Law Reform to any reformers and researchers looking to challenge their ideas on trade mark law and practice.’ -- Jane Rawlings, Intellectual Property Forum‘Behind the cover is a veritable treasure trove of thought-provoking scholarship. The reader will gather that the book packs a lot of punch for its weight. The book will be a great resource for any academic interested in trade mark law. It will accommodate both students searching for a thesis topic and veteran academics interested in how their colleagues have brought their seminal papers “up to date”.’ -- Léon Dijkman, The IPKat'This thought provoking book aims at describing problem areas in contemporary trademark law, offering solutions for improvement. The inspiration for this very high-level work comes from eminent scholars Graeme B. Dinwoodie and Mark D. Janis. There are 3 parts, one containing articles on the work of registration authorities, the next one dealing with protectability as well as the relation with other IP rights and the last one with scope of protection and enforcement. The great value of this book is that internationally renowned scholars in the field wrote the articles. A must read for those who are interested in, or deal with issues of contemporary trademark law.' -- Prof. Charles Gielen, NautaDutilh, Amsterdam, the Netherlands'This book draws together many of the most influential trademark scholars in the world with a series of interesting recommendations for how we can make trademark law better. Well worth reading.' -- Mark A. Lemley, Stanford Law School, USTable of ContentsContents: 1 The drivers of trademark law reform: perspectives from the Academy 1 Graeme B. Dinwoodie and Mark D. Janis PART I REFORMING THE REGISTRATION PROCESS 2 The problems of trademark depletion and congestion: some possible reforms 17 Barton Beebe and Jeanne C. Fromer 3 (Re)claiming trade mark protection 51 Robert Burrell and Michael Handler 4 Reforming trademark registration 77 Rebecca Tushnet PART II REFORMING SUBJECT MATTER BOUNDARIES AND PROTECTABILITY 5 Towards a new copyright/trademark interface—why (and how) signs with cultural significance should be kept outside trademark law 100 Martin Senftleben 6 The case against product configuration trade dress 137 Caitlin Canahai and Mark P. McKenna 7 Aesthetic functionality in EU law—should it be deleted? 168 Annette Kur 8 Trade marks and innovation? 192 Dev Gangjee 9 Democratizing access to survey evidence of distinctiveness 225 Jake Linford 10 What is the meaning of a trademark? 250 Laura A. Heymann PART III REFORMING THE RULES OF SCOPE AND ENFORCEMENT 11 Likelihood of confusion and trademark infringement: a constructively critical analysis 278 Robert G. Bone 12 Exiling the unwary consumer from unregistered trade mark law in the UK: the case for change 306 Jennifer Davis 13 The consumer’s duty of care in trademark law 326 Michael Grynberg 14 Finding dilution 351 Jeremy N. Sheff 15 Reforming trademark law’s approach to intermediary liability 370 Stacey Dogan 16 The liability of intermediaries for trade mark infringement 396 Ansgar Ohly Index

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Book SynopsisThis discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.The Research Handbook investigates the law and economics of trademark enforcement and of alternative enforcement mechanisms. With chapters exploring the strengths, weaknesses, and insights of law and economics as applied to trademark law generally, this Research Handbook revisits and expands some of the leading law and economics analyses of trademark law. Chapters also include a series of case studies that examine the law and economics of trademark protection in specific industries or through specific trademark doctrine.Meticulously written by internationally renowned experts in the field, this Research Handbook will prove to be a useful resource for academics interested in law, business, and marketing. Trademark law professionals and practitioners will also find this to be a beneficial read.Table of ContentsContents: Introduction to the Research Handbook on the Law and Economics of Trademark Law 1 Glynn S. Lunney, Jr. PART I CONCEPTUAL FRAMEWORKS 1 An introduction to the law and economics of trademarks 5 Glynn S. Lunney, Jr. 2 The economic foundations of European dilution law 37 Ilanah Fhima 3 Trademarks and supply chains: the costs and benefits of organisational flexibility 59 Andrew Griffiths 4 Do trademarks reduce search costs in the age of information? 92 Christine Haight Farley PART II LEGAL AND ALTERNATIVE ENFORCEMENT MECHANISMS 5 Administrative revocation in trademark law 122 Saurabh Vishnubhakat 6 Revisiting the viability of shaming trademark bullies 140 Leah Chan Grinvald 7 “It’s how you made us feel”: consumer investment theory explains the toppling of racist brands 153 Deborah R. Gerhardt PART III CASE STUDIES 8 Cultural heritage branding: societal costs and benefits 177 Martin Senftleben 9 Trademark theory in an antitrust case: FTC v. 1-800 Contacts 193 Rebecca Tushnet 10 Collegiality costs: trademark scarcity and craft beer’s politeness problem 213 Zahr Said 11 Fanmarks 248 Betsy Rosenblatt 12 Trade dress functionality: complex trade-offs between various types of economic efficiency 280 Apostolos G. Chronopoulos 13 Informational capacity, regulation, and certification marks 307 David A. Simon 14 Trademarks, trade dress, and the patient costs of pharmaceutical branding 343 Sam F. Halabi 15 The comparative law and economics of counterfeits and post-sale confusion 363 Peter K. Yu PART IV REMEDIES 16 The disgorgement remedy of US trademark law 387 Pamela Samuelson and Mark P. Gergen 17 The path of the trademark injunction 403 Jake Linford Index 432

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Book SynopsisBrand recognition is crucial to companies promoting the sale of products and services. Directors invest considerable revenue into developing brand imagery that is unique and identifiable. Linking intellectual property law and international investment law, Arbitrating Brands takes the opportunity to analyse trade marks and brands as examples of foreign direct investment. In light of the Phillip Morris cases against Australia and Uruguay, Metka Potocnik explores the substantive protection of trade marks under international investment treaties, unpacking the specifics of arbitrating investment claims arising out of state trade mark regulation. Utilising plain packaging regulation for tobacco products as a springboard for analysis, this book offers a practical approach with recommendations for arbitrators on how to approach trade mark investment cases. Detailed and insightful, this book is essential reading for arbitration practitioners, offering practical analytical tools to approaching the adjudication of trade mark investment disputes. It will also be of interest to the growing group of researchers and students focusing on intellectual property arbitration. Furthermore, brand owners following developments in the field will benefit from this book's insight into the trajectories of trade mark legislation.Trade Review'This book helps to bridge the communication gap between IP lawyers and international investment lawyers. It provides a roadmap to the many IP issues that can arise under international investment laws and proposes ways of ensuring effective, informed and fair decision-making in a field that is becoming increasingly important (and contentious).' --David Llewelyn, Singapore Management University, SingaporeTable of ContentsContents: Preface Acknowledgements Abbreviations Introduction 1. Background, Scope and Terms of Reference 2. Interference Between IP Law and International Investment Law: settled and remaining issues 3. Dialogue of Two Bodies of Law: Toolbox of Translators 4. Chapter Structure Chapter 1: Trade mark investment disputes: case studies 1. Origins of TM investment disputes 2. Case Study 1: Tobacco trade marks 3. Case Study 2: Unhealthy food and beverages trade marks 4. Case Study 3: Infant formula trade marks 5. Case Study 4: Disparaging, immoral and scandalous trade marks 6. Conclusion Chapter 2: Special approach: a justification 1. IP as lex specialis and Consequent Special Approach 2. Justification of Property in Trade Marks 3. Legislative History on Trade Marks and Brands 4. Justification for a Special Approach 5. Conclusion Chapter 3: Jurisdiction and applicable law in trade mark investment disputes 1. Introduction 2. Jurisdiction 3. Applicable law in Investment Treaty Arbitration 4. Conclusion Chapter 4: Defining trade marks and brands as investment assets: delegation to trade mark law 1. Introduction and Structure Part A: Attributes of property in trade marks and brands 2. Object of protection 3. Attribute One: Control manifested in the exclusive rights conferred in registered trade marks 4. Attribute One-Plus: extended control conferred by well-known trade marks 5. Attribute Two: Use of Trade Marks 6. Attribute Three: Transferability of Trade Marks 7. Attributes of Property in Brand Value: Protecting Goodwill through Unfair Competition Laws Part B: Restrictions to Property in Trade Marks and Brands 8. Internal Limitations to Property in Trade Marks 9. External Limitations to Property in Trade Marks 10. Conclusion Chapter 5: Attributes of property in investment assets: origins in investment law 1. Introduction and Structure Part A: Substantive protection of Investment Assets 2. Indirect Expropriation 3. Fair and Equitable Treatment Standard Part B: State’s Right to Regulate Investor’s Interests in Property 4. Limitations to the Standard of Indirect Expropriation 5. Limitations to the FET Standard 6. Conclusion Chapter 6: State liability for regulating trade marks and brands: the dialogue of two bodies of law 1. Introduction and Structure Part A: Investment Treaty Violation caused by Interference with Trade Marks and Brands 2. Expropriation of Trade Marks and Goodwill: a Two-Step Test 3. Fair and Equitable Treatment of Trade Marks and Goodwill Part B: State’s Freedom to Regulate the Use of Trade Marks for Reasons of Public Interest 4. TRIPs as the Guardian of Public Interest is left to the Discretion of Arbitral Tribunals 5. Investment Treaty Considerations of Public Purpose are Limited in Scope 6. Fundamental Rights: Possible, yet Ineffective Limitations to Investor’s Rights 7. Conclusion Chapter 7: Controlling the power of brands: in search of a balanced approach via the international rule of law 1. Introduction: A demand for a special adjudication approach in TM investment disputes 2. Adjudication in accordance with international law and its rule of law (RoL) standards 3. Implications of RoL Adjudication 4. Conclusion Chapter 8: Remedies in trade mark investment arbitration 1. Introduction 2. Trade mark remedies: practice from trade mark laws 3. The remedy of specific performance unlikely available in ITA 4. Monetary Compensation: the traditional remedy in ITA 5. Market Value of Trade Marks and Goodwill: the challenge of valuation 6. Moral Damages: Harm to Investor’s Reputation 7. Reducing Full Compensation: available principles 8. Conclusion Conclusion Bibliography Index

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Book SynopsisThis ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies – tobacco plain packaging, anti-counterfeiting measures and contrary marks – the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods.Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.Trade Review‘This important book explains how governments can do a better job incorporating human rights concerns into trademark law. It proposes a useful analytical framework for measuring whether trademark legislation and enforcement adequately protects rights to property, health, free expression, and other economic, social, and cultural rights.’ -- Lisa P. Ramsey, University of San Diego, US‘The interaction between intellectual property rights and human rights is such an important field of study that it almost became a subdiscipline. Dr. Wilkinson’s work constitutes a major addition to this field by adding a global and comparative dimension and conceptualizing a human rights culture for trade marks. A must read for everyone concerned with the ethical dimensions of innovation law!’ -- Christophe Geiger, Luiss Guido Carli University, Italy.‘Drawing on important comparative case studies on plain packaging tobacco legislation, contrary marks and counterfeiting, Dr Wilkinson makes a powerful and carefully argued case for an integrated and systematic human rights approach to trade marks law reform, particularly in the area of public health. Her study will provide a useful framework for future national and international reform initiatives.’ -- Sam Ricketson, Professor Emeritus, Melbourne Law School, AustraliaTable of ContentsContents: PART I EXISTING CONCEPTIONS OF TRADE MARKS AND HUMAN RIGHTS AND A FRAMEWORK FOR CHANGE 1 The need for increased awareness of human rights implications for trade marks 2 Conceptualising trade marks and human rights: the case for recognising all human rights PART II GLOBAL CASE STUDIES: ASSESSING HUMAN RIGHTS IMPLICATIONS OF DOMESTIC TRADE MARK LAWS 3 Tobacco plain packaging case study: Australia and Uruguay 4 Contrary marks case study: the United States and the European Union 5 Anti-counterfeiting legislation case study: Kenya and Australia PART III BUILDING A HUMAN RIGHTS CULTURE FOR TRADE MARKS 6 Innovating trade mark enforcement approaches in a human rights culture 7 Founding a global human rights culture for trade marks: planning for success Index

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Book SynopsisThe fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields.These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China.With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou LinTable of ContentsContents: 1 Niklas Bruun 1 Reflections on the contradictory history of the regulation of employee intellectual property 2 Thomas Cottier 23 The legal nature of intellectual property rights in public international law 3 Annette Kur 48 Trade mark (and design) law from a personal perspective 4 Hector L MacQueen 73 Surprised by intellectual property law? 5 Dianne Nicol 99 The pendulum of patents, principles and products – from the industrial revolution to the genetic revolution 6 Sam Ricketson 125 Change or no change – a personal intellectual property journey 7 Jayashree Watal 152 North-South perceptions of the TRIPs Agreement: then and now (1990 and 2020) 8 Zhou Lin 174 A copyrightist for art’s sake Index

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Book SynopsisAn Economic Perspective on Trade Mark Law uses economic analysis to examine the capacity of a trade mark to stimulate and strengthen demand for marked products and the trade mark's role in marketing and business organization. It uses this perspective to evaluate the exclusive rights that trade mark owners enjoy and other issues in trade mark law. It will argue that the trade mark has enabled marketing to develop as a distinct form of economic activity and that the trade mark's flexibility as a structuring device has had a major impact on the evolution of the firm and on the organization of streams of economic activity.This invaluable book will appeal to academics, postgraduate and undergraduate students in the fields of trade mark law, business organization, intellectual property and law and economics. Solicitors and other professionals specializing in trade mark law and/or marketing will also find much to interest them in this insightful book.Contents: 1. Trade Marks in Modern Commercial Life; 2. The Legal Nature of a Trade Mark as a Marketing Resource and a Structuring Device; 3. The Marketing Power of Trade Marks; 4. Trade Marks and the Organization of Economic Activity; 5. An Economic Perspective on Trade Mark Law; 6. Concluding Thoughts; IndexTrade Review’Law and economics has become a dominant way of thinking about trade mark law in the United States. In this book, Andrew Griffiths applies the methodology of law and economics to European trade mark law in a comprehensive and thoughtful fashion, giving us new insights into the nature of European trade mark legislation and the case law that has developed under it.’ - Graeme B. Dinwoodie, University of Oxford, UK’Griffiths provides a comprehensive, readable, and much-needed account of the European approach to trademarks, with an emphasis on the role of economic theory in informing and shaping the law. The book takes a balanced and practical approach that recognizes both the benefits of trademark protection and the need for third parties to use trademarks in information-facilitating ways. It is a welcome contribution to the literature, and will provide a valuable resource to anyone looking for a window into European trademark law.’ -- Stacey L. Dogan, Boston University, School of Law, USTable of ContentsContents: Preface 1. Trade Marks in Modern Commercial Life 2. The Legal Nature of a Trade Mark as a Marketing Resource and a Structuring Device 3. The Marketing Power of Trade Marks 4. Trade Marks and the Organization of Economic Activity 5. An Economic Perspective on Trade Mark Law 6. Concluding Thoughts Bibliography Index

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Book SynopsisThis book provides a comprehensive, interdisciplinary and highly accessible introduction to water resource management, covering topics such as: the ecology of surface waters international regulations and economics stakeholder participation in management tools and methods for decision making integrated modelling decision making and water policies stakeholder participation and social issues. Experts across a wide range of specialist fields including social sciences, informatics, ecology and hydrology are brought together in this truly multidisciplinary approach to water management. They provide the reader with integrated insights into water resource management practices that underpin the three pillars of sustainable development - environment, economics and society - through a series of international case studies and theoretical frameworks.Table of ContentsContents: Preface Part I: Introduction 1. Integrated Management of Water Resources: Concepts, Approaches and Challenges Anthony J. Jakeman, Carlo Giupponi, Derek Karssenberg, Matt P. Hare, Anita Fassio and Rebecca A. Letcher Part II: New Challenges for Water Management 2. Policy Setting for Sustainable Water Management: GATS Rules and Water Management Systems Gérard Mondello 3. Water Policies and the Integrated Management of Surface Waters: An Ecological Approach Pier Francesco Ghetti and Carlo Giupponi Part III: Supporting Decision Making 4. Sustainable Water Management and Decision Making Carlo Giupponi, Anita Fassio, Jacobo Feás Vàzquez and Jaroslav Mysiak 5. Multi-Criteria Decision Making in Water Resources Management Jacobo Feás and Paolo Rosato 6. Software Support for Multi-Criteria Decision Making Marjan van Herwijnen and Ron Janssen Part IV: Participation 7. Participation for Sustainable Water Management Erik Mostert 8. Methods for Stakeholder Participation in Water Management Matt P. Hare, Olivier Barreteau, M. Bruce Beck, Rebecca A. Letcher, Erik Mostert, J. David Tàbara, Dagmar Ridder, Valerie Cogan and Claudia Pahl-Wostl Part V: Integrated Modelling for IWRM 9. Software Tools for Hydrological Modelling Derek Karssenberg, Karin Pfeffer and Marc Vissers 10. Integrated Modelling: Construction, Selection, Uncertainty Anthony J. Jakeman, John P. Norton, Rebecca A. Letcher and Holger Maier 11. Typology of Models and Methods of Integration Rebecca A. Letcher and John Bromley 12. Software and Software Systems: Platforms and Issues for IWRM Problems Andrea E. Rizzoli and Robert M. Argent Index

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Book SynopsisThis comprehensive two-volume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. These essential volumes, with a new and original introduction by two leading contemporary writers, are organised in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics.Trade Review‘This assembly of writings by scholars, lawyers, and judges on the law and policy of trademarks and unfair competition presents a rich offering that ranges across time, place, and perspective. The challenge of revealing the subject’s full scope to the interested tyro and yet making experts wonder how they had somehow overlooked this or that critical article is fully met. Professors Dinwoodie and Janis and their publisher deserve thanks for bringing this treasure trove within reach of all with an interest in why and how brands are regulated.’ -- David Vaver, York University, Osgoode Hall Law School, Canada and University of Oxford, UKTable of ContentsContents: Volume I Acknowledgements Introduction A Century of Trademark Law Scholarship Graeme B. Dinwoodie and Mark D. Janis PART I HISTORY 1. Frank I. Schechter (1925), ‘The Genesis of the Modern Law in Relating to Trade-Marks’ 2. Keith M. Stolte (1998), ‘How Early did Anglo-American Trademark Law Begin? An Answer to Schechter’s Conundrum’ PART II JUSTIFICATIONS 3. Sypros M. Maniatis (2002), ‘Trade Mark Rights – A Justification Based on Property’ 4. Lionel Bently (2008), ‘From Communication to Thing: Historical Aspects of the Conceptualization of Trademarks as Property’ 5. Beverly W. Pattishall (1952), ‘Trade-Marks and the Monopoly Phobia’ 6. Daniel M. McClure (1979) ‘Trademarks and Unfair Competition: A Critical History of Legal Thought’ 7. William M. Landes and Richard A. Posner (1987), ‘Trademark Law: An Economic Perspective’ 8. Michael Spence (2005), ‘The Mark as Expression/The Mark as Property’ PART III PASSING OFF 9. W.L. Morison (1956), ‘Unfair Competition and ‘’Passing Off’’: The Flexibility of a Formula’ 10. Suman Naresh (1986), ‘Passing-off, Goodwill and False Advertising: New Wine in Old Bottles’ 11. Hazel Carty (1996), ‘Dilution and Passing Off: Cause for Concern’ PART IV UNFAIR COMPETITION 12. Rudolf Callman (1940), ‘What is Unfair Competition?’ 13. Walter J. Derenberg (1957), ‘Federal Unfair Competition Law at the End of the First Decade of the Lanham Act: Prologue or Epilogue?’ 14. Andrew Terry (1988), ‘Unfair Competition and the Misappropriation of a Competitor’s Trade Values’ 15. Jennifer Davis (2010), ‘Why the United Kingdom Should Have a Law Against Misappropriation’ PART V FUNCTIONS OF MARKS 16. Ralph S. Brown, Jr. (1948), ‘Advertising and the Public Interest: Legal Protection of Trade Symbols’ 17. Jessica Litman (1999), ‘Breakfast with Batman: The Public Interests in the Advertising Age’ 18. Jerre B. Swann, Sr., David A. Aaker and Matt Reback (2001), ‘Trademarks and Marketing’ 19. William Cornish (2004), Extract from ‘Functions: What Should be Protected and Why’, in Intellectual Property: Omnipresent, Distracting, Irrelevant?’ PART VI THE CONSUMER AND OTHER METRICS 20. Barton Beebe (2005), ‘Search and Persuasion in Trademark Law’ 21. Jennifer Davis (2005), ‘Locating the Average Consumer: His Judicial Origins, Intellectual Influences and Current Role in European Trade Mark Law’ 22. Robert G. Bone (2004), ‘Enforcement Costs and Trademark Puzzles’ Volume II Acknowledgements An Introduction to both volumes by the editors appear in volume I A Century of Trademark Law Scholarship PART I REGISTRATION STATUTES 1. Stephen L. Carter (1990), ‘The Trouble with Trademark’ 2. Peter Jaffey (1997), ‘The New European Trade Marks Regime’ PART II SUBJECT MATTER AND VALIDITY 3. Milton Handler and Charles Pickett (1930), ‘Trade-Marks and Trade Names – An Analysis and Synthesis’ 4. Robert Burrell and Michael Handler (2003), ‘Making Sense of Trade Mark Law’ 5. Michael Handler (2005), ‘The Distinctive Problem of European Trade Mark Law’ PART III FUNCTIONALITY 6. Graeme B. Dinwoodie (1999), ‘The Death of Ontology: A Teleological Approach to Trademark Law’ 7. Jessica Litman (1982), ‘Notes, The Problem of Functional Features: Trade Dress Infringement Under Section 43 (a) of the Lanham Act’ 8. Annette Kur (2009), ‘Too Pretty to Protect? Trade Mark Law and the Enigma of Aesthetic Functionality’ PART IV CALIBRATING TRADEMARK INFRINGMENT A. By Types of Use 9. Helen Norman (2004), ‘Time to Blow the Whistle on Trade Mark Use?’ 10. Andrew Griffiths (2007), ‘The Trade Mark Monopoly: An Analysis of the Core Zone of Absolute Protection Under Art. 5.1 (a)’ B. By Types of Related Goods 11. Rudolf Callman (1947), ‘Unfair Competition Without Competition? The Importance of the Property Concept in the Law of Trade Marks’ 12. Jeremy Phillips and Allison Coleman (1985), ‘Passing off and the “Common Field of Activity”’ C. By Types of Confusion 13. Julius R. Lunsford, Jr., (1953), ‘The Lanham Trade Mark Act – Conflict and Dissent’ 14. Stacey L. Dogan and Mark A. Lemley (2005), ‘The Merchandising Right: Fragile Theory or Fait Accompli?’ PART V DILUTION 15. Frank I. Schechter (1927), ‘The Rational Basis of Trademark Protection’ 16. Martin Senftleben (2009), ‘The Trademark Tower of Babel - Dilution Concepts in International, US and EC Trademark Law’ 17. Rebecca Tushnet (2008), ‘Gone in Sixty Milliseconds: Trademark Law and Cognitive Science’ PART VI PERMITTED USES AND SPEECH 18. Rochelle Cooper Dreyfuss (1989-1990), ‘Expressive Genericity: Trademarks as Language in the Pepsi Generation’ 19. Alex Kozinski (1993), ‘Trademarks Unplugged’ 20. Pierre N. Leval (2004), ‘Trademark: Champion of Free Speech’ 21. Graeme B. Dinwoodie (2009), ‘Lewis & Clark Law School Ninth Distinguished IP Lecture: Developing Defenses in Trademark Law’ PART VII INTERNATIONAL 22. W.R. Cornish and Jennifer Phillips (1982), ‘The Economic Function of Trade Marks: An Analysis with Special Reference to Developing Countries’

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Book SynopsisThis second edition of Trade Marks Law provides a comprehensive examination of the law in Ireland, including analysis of all significant Superior Court and Patents Office jurisprudence. Principal case law from the UK, the Court of Justice, and the General Court are also included. The book is fully updated and includes: a new chapter on practice and procedure * a specific chapter dealing with defenses to trade mark infringement and passing off * an analysis of proposed reforms under the revised Harmonization Directive and Regulation * an expanded chapter on passing off, with analysis of recent Irish case law concerning extended passing off, personality rights, and the geographical extent of goodwill * comprehensive analysis of Patents Office decisions under the Trade Marks Act 1996 * recent developments in comparative advertising. [Subject: Irish Law, Trade Mark Law, Commercial Law]

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Book SynopsisDesigns have underpinned much of the technological and industrial innovation of recent years. They have become increasingly valuable within the portfolio of intellectual property rights. Indeed, given the extent to which economic growth is driven by these advancements and the ever-increasing financial benefits of holding exclusive exploitation rights for the most significant designs, the importance of protecting such designs cannot be understated. International Design Protection is an international compendium of design law in a selection of major jurisdictions. It covers the applicability of registered and unregistered design rights and ancillary protection by copyright and trademarks. It also deals with the practicalities of design protections and the enforcement of design rights, including qualification for protection, infringement, design infringement litigation, licensing and exploitation. Written by a team of leading specialists in design law, this updated second edition reflects recent developments across a number of jurisdictions and is an essential practical guide to navigating this complex and fascinating field.Table of ContentsPreface 5 Clive Thorne Baker Botts LLP Australia 7 Tim Webb Clayton Utz Belgium 23 Karel Nijs Pierstone Philippe Péters NautaDutilh Brazil 37 Simone Lahorgue Nunes Levy & Salomão Advogados Canada 51 Gina Demczuk Canadian Competition Bureau Stuart C McCormack Barrister and solicitor Denmark 67 Claus Barrett Christiansen Anne Dahl Hansen Maria Rose Kristensen Bech-Bruun Finland 83 Kukka Tommila Properta Attorneys Ltd France 95 Stefan Naumann Hughes Hubbard & Reed LLP Germany 103 Moritz Hüsch Heymann & Partner Rechtsanwälte Katharina Scheja Dentons LLP Hong Kong 117 Anna Mae Koo Vivien Chan & Co India 133 Amita Arora Archana Shanker Anand and Anand Israel 153 Shlomo Cohen Dr Shlomo Cohen & Co Italy 161 Massimiliano Pappalardo D&P Studio Legale Japan 173 Takamitsu Shigetomi Oh-Ebashi LPC & Partners Netherlands 183 Thijs van Aerde Houthoff Buruma New Zealand 195 Paul Sumpter Chapman Tripp Russia 205 David Aylen Gowling WLG Russia/CIS Singapore 245 Alban Kang Bird & Bird ATMD LLP South Africa 259 Lodewyk Cilliers Owen Dean Spoor & Fisher Sweden 269 Michael Plogell Plogell Advokatbyrå Erik Ullberg Wistrand Advokatbyrå Turkey 281 Ug˘ur Aktekin Mutlu Yıldırım Köse Gün + Partners United Kingdom 293 Clive Thorne Baker Botts LLP United States 311 Jared Bunker Lynda Zadra-Symes Knobbe Martens About the authors 327

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Book Synopsis

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