Intellectual Property Liability of Consumers, Facilitators and Intermediaries

Intellectual Property Liability of Consumers, Facilitators and Intermediaries

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2012-10-01

Total Pages: 312

ISBN-13: 9041141367

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With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.


Book Synopsis Intellectual Property Liability of Consumers, Facilitators and Intermediaries by : Christopher Heath

Download or read book Intellectual Property Liability of Consumers, Facilitators and Intermediaries written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.

The Liability of Internet Intermediaries

The Liability of Internet Intermediaries

Author: Jaani Riordan

Publisher: Oxford University Press

Published: 2016

Total Pages: 705

ISBN-13: 0198719779

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Internet intermediaries play a central role in modern commerce and the dissemination of ideas. Although their economic and social importance is well-recognized, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on IP matters and disputes involving internet content.


Book Synopsis The Liability of Internet Intermediaries by : Jaani Riordan

Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a central role in modern commerce and the dissemination of ideas. Although their economic and social importance is well-recognized, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on IP matters and disputes involving internet content.

European Intermediary Liability in Copyright: A Tort-Based Analysis

European Intermediary Liability in Copyright: A Tort-Based Analysis

Author: Christina Angelopoulos

Publisher: Kluwer Law International B.V.

Published: 2016-09-15

Total Pages: 594

ISBN-13: 9041168419

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In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.


Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos

Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

Regulating Hosting ISPs’ Responsibilities for Copyright Infringement

Regulating Hosting ISPs’ Responsibilities for Copyright Infringement

Author: Jie Wang

Publisher: Springer

Published: 2018-03-19

Total Pages: 261

ISBN-13: 9811083517

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This book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.


Book Synopsis Regulating Hosting ISPs’ Responsibilities for Copyright Infringement by : Jie Wang

Download or read book Regulating Hosting ISPs’ Responsibilities for Copyright Infringement written by Jie Wang and published by Springer. This book was released on 2018-03-19 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.

Oxford Handbook of Online Intermediary Liability

Oxford Handbook of Online Intermediary Liability

Author: Giancarlo Frosio

Publisher: Oxford Handbooks

Published: 2020

Total Pages: 801

ISBN-13: 0198837135

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This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.


Book Synopsis Oxford Handbook of Online Intermediary Liability by : Giancarlo Frosio

Download or read book Oxford Handbook of Online Intermediary Liability written by Giancarlo Frosio and published by Oxford Handbooks. This book was released on 2020 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.

Internet Intermediaries and Trade Mark Rights

Internet Intermediaries and Trade Mark Rights

Author: Althaf Marsoof

Publisher: Routledge

Published: 2019-06-05

Total Pages: 249

ISBN-13: 1351208497

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Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.


Book Synopsis Internet Intermediaries and Trade Mark Rights by : Althaf Marsoof

Download or read book Internet Intermediaries and Trade Mark Rights written by Althaf Marsoof and published by Routledge. This book was released on 2019-06-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

Research Handbook on Electronic Commerce Law

Research Handbook on Electronic Commerce Law

Author: John A. Rothchild

Publisher: Edward Elgar Publishing

Published: 2016-09-30

Total Pages: 640

ISBN-13: 1783479922

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The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.


Book Synopsis Research Handbook on Electronic Commerce Law by : John A. Rothchild

Download or read book Research Handbook on Electronic Commerce Law written by John A. Rothchild and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.

Intellectual Property Law in Korea

Intellectual Property Law in Korea

Author: Byung-Il Kim

Publisher: Kluwer Law International B.V.

Published: 2015-09-24

Total Pages: 332

ISBN-13: 9041158480

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Dynamic development and rapid change, especially under a very active judiciary, have generated the need for a new edition of this preeminent book on intellectual property (IP) law in Korea, here undertaken by a new generation of IP scholars and practitioners. Although Korea is fully assimilated into today’s international IP regime, seekers of IP rights in Korea may still encounter elements that make the Korean IP regime distinctive among that of other countries. It is particularly in the areas of administrative and enforcement procedure that practitioners require specialised knowledge if they are to move confidently and ensure adequate legal protection in Korea of patents, copyrights, designs, trademarks, computer programs, geographical indications, and other intangibles. This updated second edition, like the first, provides this knowledge in considerable depth. Twelve Korean practitioners spare no pains to clarify all the essential details of practice and procedure in the major areas of IP law in their country. For example, they include specific guidance on such matters as the following: • jurisdiction of various institutions administering intellectual property rights; • patent law changes caused by the Korea–United States Free Trade Agreement; • how infringement cases move through the Korean court system; • available remedies and defences in infringement actions; • the use of the Customs Act to prohibit importation; • technical evaluation of utility models; • original, licensing, and transfer rights of inventors, owners, and co-owners; • special provisions for inventions in biotechnology, chemistry, and pharmacy; • inventions related to computers and business methods; • the substantial requirements for design registration; • the Korean patent approval linkage system; • recognition and enforcement of foreign judgments. The authors fully cover implications of the numerous bilateral treaties and accessions to international agreements entered into by Korea in the twelve years since the first edition, as well as all relevant case law. As one of the world’s leaders in the design and manufacture of semiconductor chips and other computer hardware and software, Korea accommodates a great number of IP applications and registrations. Its IP rights system is sound and well established, and offers excellent protection to those who come to it prepared. This book is an effective and substantial means to that end.


Book Synopsis Intellectual Property Law in Korea by : Byung-Il Kim

Download or read book Intellectual Property Law in Korea written by Byung-Il Kim and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dynamic development and rapid change, especially under a very active judiciary, have generated the need for a new edition of this preeminent book on intellectual property (IP) law in Korea, here undertaken by a new generation of IP scholars and practitioners. Although Korea is fully assimilated into today’s international IP regime, seekers of IP rights in Korea may still encounter elements that make the Korean IP regime distinctive among that of other countries. It is particularly in the areas of administrative and enforcement procedure that practitioners require specialised knowledge if they are to move confidently and ensure adequate legal protection in Korea of patents, copyrights, designs, trademarks, computer programs, geographical indications, and other intangibles. This updated second edition, like the first, provides this knowledge in considerable depth. Twelve Korean practitioners spare no pains to clarify all the essential details of practice and procedure in the major areas of IP law in their country. For example, they include specific guidance on such matters as the following: • jurisdiction of various institutions administering intellectual property rights; • patent law changes caused by the Korea–United States Free Trade Agreement; • how infringement cases move through the Korean court system; • available remedies and defences in infringement actions; • the use of the Customs Act to prohibit importation; • technical evaluation of utility models; • original, licensing, and transfer rights of inventors, owners, and co-owners; • special provisions for inventions in biotechnology, chemistry, and pharmacy; • inventions related to computers and business methods; • the substantial requirements for design registration; • the Korean patent approval linkage system; • recognition and enforcement of foreign judgments. The authors fully cover implications of the numerous bilateral treaties and accessions to international agreements entered into by Korea in the twelve years since the first edition, as well as all relevant case law. As one of the world’s leaders in the design and manufacture of semiconductor chips and other computer hardware and software, Korea accommodates a great number of IP applications and registrations. Its IP rights system is sound and well established, and offers excellent protection to those who come to it prepared. This book is an effective and substantial means to that end.

Multi-sided Music Platforms and the Law

Multi-sided Music Platforms and the Law

Author: Chijioke Ifeoma Okorie

Publisher: Taylor & Francis

Published: 2019-10-28

Total Pages: 293

ISBN-13: 042963983X

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Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .


Book Synopsis Multi-sided Music Platforms and the Law by : Chijioke Ifeoma Okorie

Download or read book Multi-sided Music Platforms and the Law written by Chijioke Ifeoma Okorie and published by Taylor & Francis. This book was released on 2019-10-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .

Annotated Leading Trademark Cases in Major Asian Jurisdictions

Annotated Leading Trademark Cases in Major Asian Jurisdictions

Author: Kung-Chung Liu

Publisher: Routledge

Published: 2019-10-08

Total Pages: 464

ISBN-13: 1000699749

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There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.


Book Synopsis Annotated Leading Trademark Cases in Major Asian Jurisdictions by : Kung-Chung Liu

Download or read book Annotated Leading Trademark Cases in Major Asian Jurisdictions written by Kung-Chung Liu and published by Routledge. This book was released on 2019-10-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.