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Vol 24 No 5 May/June 2019

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Remedies for Torts, Breach of Contract, and Equitable Wrongs

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The TRIPS Regime of Trademarks and Designs 4th ed

ISBN13: 9789041188700
Previous Edition ISBN: 9789041150172
Published: December 2018
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £178.00

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The TRIPS Regime of Trademarks and Designs in this fourth edition brings the author’s prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs.

What’s in this book:

With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge and discussion of WTO Members’ practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following:

  • What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark?
  • What are the limitations on the protection of nonvisually perceptible marks such as sounds, scents and tastes?
  • What lessons can we learn so far from the Dispute Settlement Mechanism?
  • What are WTO Members’ obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them?
  • How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what?
The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated.

How this will help you:

Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition, which will help them in identifying new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.

Intellectual Property Law
Preface To The Third Edition
Preface To The Fourth Edition
Introductory Note
Preamble Agreement on Trade-Related Aspects of Intellectual Property Rights
General Provisions and Basic Principles
Article 1 Nature and scope of obligations
Article 2 Intellectual Property Conventions
Article 3 National Treatment
Article 4 Most-Favoured-Nation Treatment
Article 5 Multilateral Agreements on Acquisition or Maintenance of Protection
Article 6 Exhaustion
Article 7 Objectives
Article 8 Principles
Standards Concerning the Availability, Scope and Use of Intellectual Property Rights
Section 2 Trademarks
Article 15 Protectable Subject Matter
Article 16 Rights Conferred
Article 17 Exceptions
Article 18 Term of Protection
Article 19 Requirement of Use
Article 20 Other Requirements
Article 21 Licensing and Assignment
Section 3 Geographical Indications
Article 22 Protection of Geographical Indications
Article 23 Additional Protection for Geographical Indications for Wines and Spirits
Article 24 International Negotiations; Exceptions
Section 4 Industrial Designs
Article 25 Requirements for Protection
Article 26 Protection
Section 8 Control of Anti-Competitive Practices in Contractual Licences
Article 40
Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures
Article 62
Dispute Prevention and Settlement
Article 64 Dispute Settlement
Transitional Arrangements
Article 65 Transitional Arrangements
Article 66 Least Developed Country Members
Article 70 Protection of Existing Subject Matter