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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Japanese Trademark Jurisprudence

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ISBN13: 9789041107015
ISBN: 9041107010
Published: December 0002
Publisher: Kluwer Law International
Format: Hardback
Price: £121.00

In this comprehensive study of the Japanese trademark law system, the author presents the view of trademark rights in Japan as articulated in the relevant statutes and by Japanese courts and commentators. Relying on nearly 200 judicial opinions, nearly 200 books and law review articles, and the author's own translation of the Japanese Trademark Law (as amended to take effect April 1, 1997), the author argues that trademark law as enforced by Japanese courts is a very sophisticated and well-developed field of law - far more advanced than generally given credit outside of Japan.;This book has three primary theses, all of them controversial. First, Professor Port argues that Japanese courts are rather paternalistic in protecting trademark owners, both from Japan and from foreign countries. Japanese courts have not hesitated to create judicial doctrine or rules that dampen the potential harsh impact a literal reading of the statute might allow regarding foreign trademark rights. Second, this book argues that Japanese trademark owners are extremely rights-conscious and Japanese courts clearly recognize and protect these rights as corporations compete. Although some argue that all of law in Japan can be explained by culture, the findings here demonstrate that culture is not king in the judicial trademark law field and that the Japanese zealously litigate trademark rights in order to compete for market share. Finally, this book shows the very broad scope of trademark protection in Japan. Again, although criticized for being too narrow, the Japanese trademark system confers property status to trademarks themselves, something the American system does not do.

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Conceptual origin of Japanese trademark jurisprudence; definitions; objective of trademark system; acquisition of rights; validity (registrability); infringement; loss of trademark rights; Trademark Amendment Act of 1996; conclusion. Appendices: The Trademark Law, Law No.
127 of 1959; Trademark Revision Act of 1996.