9780367313432 hardcover 036731343X hardcover 9780429316395 electronic book
Routledge-Cavendish research in intellectual property.
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1.Features of Trademark laws and cases in Major Asian Jurisdictions / Kung-Chung Liu 2. Legal consequences of non-use in Indonesia / Prayudi Setiadharma 3. Google's keyword advertisement in Taiwan: no use of trademark, but Obviously Unfair / Kung-Chung Liu 4. Similarity in appearance, concept or pronunciation alone not yet similarity of marks in Japan / Christopher Heath 5. The principles of passing-off under trademark law apply to domain names in India / Prashant Reddy Thikkavarapu 6. Market survey recently recognized as a persuasive tool to solve trademark disputes in China / Haiun Jin 7. Market survey in Malaysia: an impracticable and undesirable way to adduce evidence in trademark lawsuit / Cheng Peng Sik 8. Market survey seldom accepted by Taiwanese courts in Trademark Litigation / Kung-Chung Liu 9. Three-dimensional Shape of Coca-Cola Bottles Registrable: Acquired Distinctiveness Evidenced by Questionnaire in Japan / Yoshiyuki Tamura 10. International Exhaustion in Singapore: Broad Interpretation of Put on the Market, yet Offer for Sale Excluded / Susanna Leong 11. International Exhaustion of Trademark Rights in India / Arul George Scaria 12. The Exhaustion Defence to Trademark Infringement and Parallel Importation in Malaysia / Lim Heng Gee 13. Justifiability of Parallel Import and Trademark Infringement by Imports Produced in Breach of a Licensing Agreement in Japan / Masabumi Suzuki 14. Scope of a Parallel Importer's Permissible Use of a Trademark in Marketing Activities in Korea / Won Bok Lee and Kyoung-Shin Park 15. Right of a Trader in India to Use Other Trader's Mark by way that is Reasonably Necessary / Raman Mittal 16. "Denominative" Use of Other's Trade Mark Can Constitute Prima Facie "Due Cause" under Section 29(4) of the Indian Trade Marks Act / Renuka Medury 17. Establishing a Parody Defence Standard within the Framework of Taiwan's Trademark Act / Yachi Chiang 18. Finding Infringement but Refusing to Grant Permanent Injunction under Chinese Trademark Law / Huaiwen He 19. The Protection of Well-known Marks against Dilution via SPC in China / Weijun Zhang 20. Dilution of a Well-known Trade Mark as Ground for Refusal of Registration of an Identical or Similar Mark for Different Goods or Services in Malaysia / Tay Pek San 21. Trade Mark Dilution Before and After Section 29(4) of the Indian Trade Marks Act / Renuka Medury 22. Taiwan IP Court Decisions Tend to Treat Likelihood of Confusion and Likelihood of Dilution as Mutually Interchangeable / Kung-Chung Liu and Fa-Chang Cheng 23. Bad-faith Registration of Marks Similar to Well-known Ones as Ground for Registration Cancellation in Indonesia / Prayudi Setiadharma 24. Protection of Famous Product Configuration mark (Viagra Trademark for Diamond Shape and Blue Color) in Korea / Byungil Kim 25. Concurrent Trademark Infringement and Unfair Competition in the Philippines / Alex Ferdinand S. Fider 26. Unregistered Well-known Trademark Owner Accused of Infringement in Japan: Abuse of Right Defence after Five-year Invalidation Period / Masaharu Miyawaki 27. Trademark Rights-Infringing Comparative Advertising in India / Arpan Banerjee 28. Contributory Trademark Infringement Liability of Online Open Market Operators based on the Civil Code in Korea / Byungil Kim 29. Exclusive Licensee's Rights in Singapore: Contractual and Not Proprietary against Owners of Marks / Sue-Ann Li 30. The de-inkage and re-linkage between Trademark Use and Damages in China / Li Chen 31. Trademark infringement defence based on non-occurrence of damage in Japan / Ichiro Nakayama 32. Determination of damages for trademark infringement by the separate unit retail prices approach in Taiwan / Hao-Yun Chen 33. Measure of damages for infringement in Malaysia: lost profits (profit margin) times loss of sales / Ainee Adam 34. Damages for trademark Infringement in Singapore: getting what one deserves? / Benjamin Tham 35. Exclusive Jurisdiction over registration claim and applicable law to transfers of foreign trademark rights in Japan / Yasuto Komada 36. Principles for applicable law for Trademark infringement in Taiwan applicable to Cases involving Hong Kong Companies / Kung-Chung Liu 37. Private international and inter-regional law rules for trademark infringement in Mainland China / Lizhou Wei 38. Remedying mischief in deciding Jurisdiction favouring the plaintiff in India / Gargi Chakrabarti and Saahil Dama
KNC396 .A966 2020
Available in Other Form
Online version: Annotated leading trademark cases in major asian jurisdictions First. New York : Routledge, 2019.
Abingdon, Oxon ; New York, NY : Routledge, 2020.