Trade law Part 43

Trade Mark and Unfair Competition Law
International Review of Intellectual Property and Competition Law
Volume 37, Number 3, 2006

France Paris Ct. App. – 20 April 2005 – Nullity of “Vintage”trade mark – Whether that trade mark has become a generic name – Trade mark infringement – Unfair competition – Trade Mark Law (1964), Art. 3; Intellectual Property Code, Art. L.714-6; Code of Civil Procedure, Art. 700 — 04/03753 — “Jenken v. Creeks”
International Review of Intellectual Property and Competition Law
Volume 37, Number 3, 2006 p.345

State of the Art Strong trade marks and the likelihood of confusion in European law
Jeremy Phillips
Journal of Intellectual Property Law & Practice
Volume 1, Number 6, May 2006 p.385

Cybersquatting, typosquatting and trade mark law (part 1)
Gerrie Ebersóhn
Journal of South African Law
2006, Number 2 p.315

The defence of “prior use”in South African trade mark law
Wim Alberts
Journal of South African Law
2006, Number 2 p.330

Higher Education and Fair Use : A wider copyright defence in the face of the Australia-United States Free Trade Agreement changes
Mary Wyburn
Australian Intellectual Property Journal
Volume 17, Number 3, August 2006 p.181

The higher Education sector has helped to shape the copyright law agenda in Australia for several decades. It participated in the discussions on the framing of the statutory licence for copying by educational institutions. The statutory licence was a response to the Moorhouse case and the recommendations of the Franki Committee. The higher education sector was again involved when the education statutory licence required updating to accommodate the developing online communications environment under the Digital Agenda amendments to the Copyright Act. The provisions of the Australia-US Free Trade Agreement caught some by surprise, in particular the extension of the copyright term. In the brief period between the public release of the final terms of the agreement and the passage of the implementing legislation, copyright user groups, including the higher education community, succeeded in placing a new item on the copyright agenda. This was the possibility of transforming the current closed set of fair dealing defences into a single broad exception based on the American Fair Use model. They argued that this wider defence would act as an appropriate balance for the extended term of copyright and the strengthening of the provisions relating to technological protection measures that lock digital content. The article examines the background to this new copyright agenda and looks at some of the key issues for the higher education sector as it engages in public debates about copyright defences, particularly as they operate in the online communications environment. Will it have repercussions for the current statutory licence framework settled over more than 20 years of disputes? Will a wider fair use defence affect the operation of the library exceptions also relied upon by the higher education community? Will it be an opportunity for a fundamental re-examination of the way the higher education community makes use of copyright material for teaching and in the research and library contexts?

Search and ye shall infringe? Current issues concerning the use and abuse of trade marks in cyberspace
Jani McCutcheon
Australian Intellectual Property Journal
Volume 17, Number 2, May 2006 p.99

This article examines the legal ramifications of certain internet practices that impact on the rights of trade mark owners. Specifically, the article considers the interface between Australian trade mark law and third party appropriation of others’ trade marks through key word advertising and metatags. The article explores whether Australian trade mark law does or should place any restraints on such conduct. Ultimately, the article argues that the current Australian law is poorly designed to protect the rights of Australian trade mark owners against such trade mark interception in cyberspace.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 4, 2006

THE AFRICAN GROWTH AND OPPORTUNITY ACT: THE PERILS OF PURSUING AFRICAN DEVELOPMENT THROUGH U.S. Trade law
Ryan McCormick
Texas International Law Journal
Volume 41, Number 2, Spring 2006 p.339

Author: international

Mentioned in these Entries

Education, Fair Use, Trade law.