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This Volume Offers A Detailed Analysis Of The Issues Related To The Protection Of Non-traditional Marks. In Recent Years, The Domain Of Trademark Law And The Scope Of Trademark Protection Has Grown Exponentially. Today, A Wide Variety Of Non-traditional Marks, Including Colour, Sound, Smell, And Shape Marks, Can Be Registered In Many Jurisdictions. However, This Expansion Of Trademark Protection Has Led To Heated Discussions And Controversies About The Impact Of The Protection Of Non-traditional Marks On Freedom Of Competition And, More Generally, On Socially Valuable Use Of These Or Similar Signs In Unrelated Non-commercial Contexts. These Tensions Have Also Led To Increasing Litigation In This Area Across Several Jurisdictions. This Book Provides An Overview Of The Debate And State Of The Law Surrounding Non-traditional Marks At The International, Regional, And National Level. In Particular, This Book Addresses Relevant International Treaties Administered By The World Intellectual Property Organization (wipo) And The Agreement On Trade-related Aspects To Intellectual Property Rights (trips) As Well As Several Regional And National Legislations And Leading Judicial Decisions In Order To Examine Current Law And Practice Culminating In Critical Reflections And Suggestions On The Topic. This Is An Open Access Title Available Under The Terms Of A Cc By-nc-nd 3.0 Licence. It Is Free To Read At Oxford Scholarship Online And Offered As A Free Pdf Download From Oup And Selected Open Access Locations.
This volume investigates the legal complexities and socio-economic tensions arising from the registration and protection of non-traditional trademarks such as color, sound, smell, and shape. Editors Irene Calboli and Martin Senftleben compile contributions from legal experts to analyze how the expansion of trademark law impacts market competition and the public domain. The text evaluates the balance between protecting commercial identifiers and maintaining the availability of signs for non-commercial use.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a comprehensive resource for understanding the current state of international trademark law regarding non-traditional signs. Readers frequently note the academic rigor and the utility of the comparative approach in navigating complex cross-jurisdictional legal frameworks.
Page Count:
432
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0192572784
ISBN-13:
9780192572783
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