Early debates discussed how best to overlay the proposed new rights with existing forms of intellectual property protection. Regimes differed in member states. Several, such as France, offered full cumulation of rights (unité de l’art). Most offered partial cumulation (for example, Germany and the United Kingdom). Italy prohibited cumulation under the principle of scindibilità. This chapter discusses Article 96 of the Regulation, which provides for overlap of rights, expressly mandating overlap with national copyright laws and allowing overlap with other forms of intellectual property protection.
This chapter focuses on trade mark protection in the United Kingdom. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.
This chapter focuses on trade mark protection in the United Kingdom and its operation in the context of Internet related activities. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.
Bilateral intra-industry trade flows and intellectual property rights protections: further evidence from the United Kingdom
