International Trademark Licensing

International Trademark Licensing
Author: Stojan Arnerstål
Publisher: Kluwer Law International B.V.
Total Pages: 367
Release: 2021-08-11
Genre: Law
ISBN: 9403519207

Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.

Internet Intermediaries and Trade Mark Rights

Internet Intermediaries and Trade Mark Rights
Author: Althaf Marsoof
Publisher:
Total Pages: 0
Release: 2019
Genre: Intellectual property
ISBN: 9780815382461

At present, neither UK trade mark law nor English common law principles provide a basis to hold internet intermediaries liable for trade mark infringements. This book considers reforms aimed at gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions.

Trademark and Unfair Competition Conflicts

Trademark and Unfair Competition Conflicts
Author: Tim W. Dornis
Publisher: Cambridge University Press
Total Pages: 699
Release: 2017-02-23
Genre: Law
ISBN: 1107155061

This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Trade Marks and Brands

Trade Marks and Brands
Author: Lionel Bently
Publisher: Cambridge University Press
Total Pages: 0
Release: 2011-03-03
Genre: Law
ISBN: 9780521187923

Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.