Trips Regime of Trademarks Designs 2e Revised

2. Auflage 2010
ISBN: 978-90-411-3275-8
Verlag: Wolters Kluwer

Buch, Englisch, 680 Seiten

The same author who wrote The TRIPS Regime of Patent Rights, a thorough
commentary on the patent and test data-related provisions of the TRIPS
Agreement that in just three years has become a classic work in its field
(already in its second edition), offers us now The TRIPS Regime of
Trademarks and Designs. With the authority and in-depth
experience of a WIPO official whose daily work is to assist developing
countries implementing TRIPS obligations in the area of industrial property,
the author examines with the same accuracy and expertise the intrincacies of
the TRIPS provisions concerning trademarks and industrial designs. Associating
practical experience with academic scholarship, this book provides simple and
enlightening guidance to complex questions, such as:

Can WTO Members envisage a third modality of exhaustion that retains the
benefits of the two known modalities (national and international exhaustion)
and yet overcomes the shortcomings of both?

Are WTO Members obliged to register color marks? And what about sounds, smells
and tastes?

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?

What are the requisites for marks to become well-known? Is notoriety enough?
Can a WTO Member require that they convey some sort of reputation? Can a WTO
Member make protection of well-known marks dependent on actual use in their
territory?

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?

How can WTO Members meet their obligations as regards the facilitated
registration of textile designs?

Lawyers, judges, scholars and government officials will find a wealth of
information and legal analysis in The TRIPS Regime of Trademarks
and Designs that will help them identify new approaches and
solutions to problems of trademark and design law posed by the implementation
of the TRIPS Agreement. This book combines a practically-focused
article-by-article commentary on the TRIPS Agreement with a theoretical
scholarly analysis that makes of it an invaluable resource to all those who
wish to understand industrial property at a deeper level.

Autoren/Hrsg.

Pires de Carvalho, Nuno

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationaler Gewerblicher Rechtsschutz, Medien-, IT- und Urheberrecht

Inhaltsverzeichnis

Foreword Introductory note The legal structure and the economic nature of intellectual property Preamble Agreement on trade-related aspects of intellectual property rights Part I General provisions and basic principles Part II Standards concerning the availability, scope and use of intellectual property rights Section 2: Trademarks Section 3: Geographical Indications Section 4: Industrial Designs Part IV Acquisition and maintenance of intellectual property rights and related inter partes procedures Part V Dispute prevention and settlement Part VI Transitional arrangements Annex Agreement on Trade-Related Aspects of Intellectual Property Rights Paris Convention for the Protection of Industrial Property Index