This book provides a critical analysis of the interface between trade mark law and competition law through a combination of practice, doctrine, and policy. The two legal regimes are at opposite ends of the scale, with one promoting monopoly and the other competition; they operate at parallel levels, often without regard for the objectives and regulatory tools of the other. However, an increasing number of cases from the European Union (EU) and beyond cover the intersection of the two regimes. This book highlights the ways in which the fundamentals of trade mark law are being challenged from a competition law perspective, and how trade mark principles affect the development and application of competition law. It provides a detailed overview of jurisprudence from Europe, the United States, and Australia, adopting a comparative approach. The book explores three practical areas. Firstly, it considers the jurisprudence on how trade mark law internalizes competition considerations. Secondly, it examines how competition law internalizes trade mark considerations. Thirdly, it looks at the hierarchy of the direct relationship between trade mark law as a set of exclusionary rules that lead to market power on one hand and competition law as a set of rules targeting market power and its abuse on the other. The book then focuses on identifying and 'codifying' the judicial toolkit developed by the courts in all of these, and positions this against a theoretical justificatory background. Finally, it tests the sustainability of the toolkit against the 'competition plus' context and provides an appropriate policy framework for the balancing between trade mark rights and competition rules.

Trade Marks and Competition Law

Griffiths, Jonathan

Shemtov, Noam

Maniatis, Spyros

Firth, Alison

Business

Oxford University Press

"The fourth edition of this popular and well-regarded book has been fully updated to take account of the drastic reforms that have occurred as a result of requirements to comply with E.C. directives. In addition, an increasing body of international guidelines has been issued. This new edition includes the extensive amendments to the Copyright, Designs and Patents Act 1988, the European Patent Convention, the Patent Co-operation Treaty, the Madrid Agreement, the Agreement on Trade-related aspects of Intellectual Property Rights, the W.I.P.O. Copyright Treaty and the Performances and Phonograms Treaty. Concentrating on topics of particular practical importance and interest in a stimulating and concise way, this book will be of great interest to both students and practitioners and is a valuable introduction to the subject."

Introduction to Intellectual Property Law

Oxford

Trade Marks: Law and Practice is a concise account of UK trade marks law within the European and international context. This second edition deals with all the relevant domestic and international developments. The text incorporates and analyzes the ongoing amendments to the Trade Marks Act 2004, amendments to the Trade Marks Rules 2000, and the expansion of the system of international registration of trade marks under the Madrid Protocol and the International Trademark Treaty. The appendixes include helpful consolidated versions of the Act and the Rules. The work offers a coherent and logical analysis of the legal framework in which trade marks operate. It considers the commercial functions of trade marks and how to use them, how to protect trade marks, and the process of registration, licensing, and assignment.

Trade Marks: Law and Practice

Lea, Gary

Cornford, Peter

Intellectual Property

Jordans Pub

Trade Marks:: Law and Practice

Griffiths, Andrew

Jordans

Trade Marks: Law and Practice is a concise account of UK trade marks law within the European and international context. The book incorporates and analyzes the ongoing amendments to the UK's Trade Marks Act 2004, amendments to the Trade Marks Rules 2000, and the expansion of the system of international registration of trade marks under the Madrid Protocol and the International Trademark Treaty. The appendices include helpful consolidated versions of the Act and the Rules. This third edition offers a coherent and logical analysis of the legal framework in which trade marks operate and is expertly distilled for ease and speed of reference. It considers the commercial functions of trade marks and how to use them; how to protect trade marks; and the process of registration, licensing, and assignment.

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