Trade law Part 5

 

Trade Secret Law and the Changing Role of Judge and Jury
Bradley Lipton
Yale Law Journal
Volume 120, Number 4, January 2011 p.955

Is there an International Intellectual Property System? Is there an Agreement between States as to what the Objectives of Intellectual Property Laws should be?
FIONA ROTSTEIN
European Intellectual Property Review
Volume 33, Issue 1, 2011 p.1

This article contends that there is an international intellectual property system, and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) sheds light on what the objectives of intellectual property laws should be. However, there are difficulties that occur when applying principles of Private International Law to multi-jurisdictional intellectual property disputes (particularly in the Australian context) in light of internet technologies.

Trademark, Service Mark, and Trade Name Protection and Misappropriation in Cyberspace: A Survey of Changes and Developments in the Law from June 2009-June 2010
Ben Kleinman
Business Lawyer
Volume 66, Number 1, November 2010 p.213

Case law on pharmaceutical trade marks from the Court of Justice of the European Union
Stephan Hanne
Journal of Intellectual Property Law & Practice
Volume 6, Number 1, January 2011 p.43-50

Non-Traditional Trade Marks: New Dimension of Trade Marks Law
V.K. AHUJA
European Intellectual Property Review
Volume 32, Issue 11, 2010 p.575

The technological development has made it possible to use a new category of non-traditional marks on goods and services, such as three-dimensional marks, shape of goods, sound marks, motion marks, position marks, hologram marks, smell marks, feel marks, taste marks, colour marks, etc. The requirement of graphical representation causes serious problems for the registration of certain marks. Solutions are being devised to resolve this issue. The Singapore Treaty sets out a multilateral framework for the definition of criteria concerning the reproduction of these marks. The SCT is playing a very important role to resolve various issues relating to registration of non-traditional trade marks.

Trade Mark Law
International Review of Intellectual Property and Competition Law
Volume 41, Number 7, 2010

Non-conventional Trade Marks: An Overview of Some of the Leading Case Law of the Boards of Appal
GORDON HUMPHREYS
European Intellectual Property Review
Volume 32, Issue 9, 2010 p.437

Non-conventional trade marks are a novel marketing tool. Difficulties of graphic representation aside, such signs often face challenges regarding consumer perception as a badge of origin. Nevertheless, specificities of the market, acquired distinctiveness and unusualness, may enable such marks to be registered. While still small, a body of case law has built up within the OHIM’s Boards of Appeal, reflecting reticence to allow potentially perpetual trade-mark rights to co-exist with other intellectual-property rights.

INTERNATI?NAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 1, 2010

Restrictive Trade Practices Law in Australia by A Bruce
Arlen Duke
Competition & Consumer Law Journal
Volume 18, Number 2, November 2010 p.202

Why Soft Law Dominates International Finance-and not Trade
Chris Brummer
Journal of International Economic Law
Volume 13, Number 3, September 2010 p.623-643

INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 6, 2009

Author: international

Mentioned in these Entries

International trade law Part 5, Private International Law, Trade law.