Subjects:

Intellectual Property Law

Contents:

Chapter I.

International recognition and protection of famous and well-known marks.

Supranational law and national law.

The criteria: when is a mark famous or well-known

Parameters of famous and well-known marks.

Protection of famous and well-known marks and the element of bad faith.

Protection of famous and well-known marks on non-competing goods.

Damages.

Enforcement: protection of famous and well-known marks through customs.

Protection of famous and well-known trade names.

Protection of famous and well-known geographical indications.

Chapter II.

International legislative history, within the framework of WIPO, of the recognition and protection of famous and well-known marks - Dr Ludwig Baeumer.

Chapter III.

Recognition and protection of famous and well-known marks by jurisdiction.

This unique book introduces the subject through an initial chapter focusing on the international law position, followed by a chapter on each of the approximately 15 jurisdictions (including the UK, the US, Japan, France, Germany, Italy, China, Australia and South Africa) outlining the separate provisions which exist for the protection of famous and well-known marks in that country. Each chapter follows the same structure to ensure uniformity of content. National legislation, such as it exists, is reproduced in an appendix together with a number of illustrations showing famous and infringing marks.

Well-known marks carry with them significant reputation and worth; unauthorised exploitation has serious economic implications for the trade mark owners. Various matters need to be considered when dealing with this area: how a well-known mark is defined, how such a mark may qualify for protection, 'bad faith' use of such a mark and the damages or other remedies which may be available to the trade mark owner in the event of such use having taken place.