pho@自習室

2010-09-01

Trade Marks (Part 1) vol.1

| 17:20

Intro

  • Passing off (no registration)
  • Trade Marks Act (Chapter 332) (registered or well-known marks)

s4(2):nothing in this Act shall affect the law relating to passing off or rights under the Geographical Indications Act

Why protect TM?

The Economic Structure of Intellectual Property Law

http://www.amazon.co.jp/exec/obidos/ASIN/0674012046/

  • Economic argument(reward creativity, incentive for innovation)
  • brand enable us to save time(search cost)

Paris convention

http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html

  • Article 10bis
    • (1) effective protection against unfair competition.
    • (2) Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition.
    • (3) The following in particular shall be prohibited:

(i) all acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor;

(ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor;

(iii) indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.

create confusion, False allegations, liable to mislead

Trade mark: badge of origin/guarantee of source or quality

2010-08-23

Introduction to law vol.1

| 14:35