The Protection of Non-Traditional Trademarks: Critical Perspectives. ISBN 9780198826576 from Practitioner Books

This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Part I: Assessing the Legal Framework and Unresolved Challenges 1: Denis Croze: Making a Large Universe Visually Perceptible: The Development of Non-Traditional Marks in WIPO Treaties 2: Mitchell Adams and Amanda Scordamaglia: Non-Traditional Marks: An Empirical Study 3: Dev Gangjee: Paying the Price for Admission: Non-Traditional Marks Across Registration and Enforcement 4: Annette Kur: Yellow Dictionaries, Red Banking Services, Some Candies and a Sitting Bunny: Protection of Colour and Shape Marks from a German and European Perspective 5: Justin Hughes: Non-Traditional Marks and the Dilemma of Aesthetic Functionality 6: Deven Desai: Should Trademark Laws Protect Non-Traditional Trademarks?A Look at How Marketing Practices Try to Capture Essences 7: Ng-Loy Wee Loon: Absolute Bans on the Registration of Product Shape Marks - A Breach of International Law? 8: Michael Handler: What Should Constitute Infringement of a Non-Traditional Mark? The Role of "Trademark Use" 9: Hoachen Sun: Protecting Non-Traditional Trademarks in China: New Opportunities and Challenges Part II: Assessing the Impact on Competition and Culture 10: Gustavo Ghidini: The Protection of (Three-Dimensional) Shape Trademarks and Its Implications for the Protection of Competition 11: J. Glynn Lunney: Non-Traditional Trademarks: The Error Costs of Making an Exception the Rule 12: Lavinia Brancusi: Assessing the Impact of Non-Traditional Marks: A European Union Competition Law Analysis 13: Carolina Castaldi: The Economics and Management of Non-Traditional Marks: Why, How Much, What and Who 14: Arul Scaria and Kavya Susan Mammen: Non-Traditional Marks on Pharmaceutical Products: Non-Traditional Barriers to Access to Medicine? 15: Irene Calboli: Hands Off "My" Colors, Patterns, and Shapes! How Non-Traditional Trademarks Promote Standardization and May Negatively Impact Creativity and Innovation 16: Martin Senftleben: A Clash of Culture and Commerce: Non-Traditional Marks and the Impediment of Cyclic Cultural Innovation 17: Lisa Ramsey: Non-Traditional Marks and Inherently Valuable Expression 18: Katya Assaf: Non-Traditional Trademark Protection as (Non-Traditional) Means of Cultural Control

Author(s)	Edited by Irene Calboli (Professor, Professor, Texas A&M University School of Law), Martin Senftleben (Professor, Professor, Vrije Universiteit Amsterdam).
Publisher	Oxford University Press
ISBN	9780198826576
Format	Hardback
Pages	434
Published in	United Kingdom
Published	19 Dec 2018
Availability	Available

The Protection of Non-Traditional Trademarks: Critical Perspectives

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