scholarly journals Research on intellectual property strategy to promote the development of tourism branding in China

2021 ◽  
Vol 251 ◽  
pp. 02008
Author(s):  
Lian Zhong ◽  
Yang Wang
Keyword(s):  
Intellectual Property ◽  
Current Issue ◽  
Tourism Development ◽  
Geographical Indication ◽  
Effective Protection ◽  
Goods And Services ◽  
Property System ◽  
Trademark Protection ◽  
Intellectual Property Strategy

From the perspective of innovation, the current issue of China’s tourism development is the insufficient development of tourism branding, which leads to the homogeneity phenomenon of tourism goods and services. As the intellectual property system stimulates creativity and protects innovation, this article suggests that the above-mentioned problem can be solved by effective intellectual property strategy, namely creating distinctive identities through trademark protection and use, and raising qualities of tourism brands through protection and use of geographical indication (GI). Specifically, the article firstly proposes the IP Strategy of creating distinctive identities of tourism brands by active registration, timely opposition and invalidity, and effective protection of trademarks. Secondly, it proposes the IP Strategy of raising qualities of tourism brands by active registration, effective protection and sufficient use of GIs.

Development of Intellectual Property of Communications Enterprise and Analysis of Current Situation of Patents in Emerging Technology Field

2011 ◽  
Vol 3 (2) ◽  
pp. 21-28
Author(s):  
Wenjia Ding
Keyword(s):  
Intellectual Property ◽  
Statistical Data ◽  
Emerging Technology ◽  
Current Situation ◽  
Communication Industry ◽  
Property System ◽  
Specific Analysis ◽  
Patent Applications ◽  
Intellectual Property Strategy

In the process of promoting the national intellectual property strategy, domestic enterprises should seize the opportunity to develop their own intellectual property system according to their actual situations. The communication industry as an example of statistical data and specific analysis of patent applications in emerging technology field in recent years are supplied in the article.

scholarly journals Analysis of the performance of the brazilian intellectual property system: challenges and perspectives

2018 ◽  
Vol 18 (2) ◽  
pp. 172-199 ◽  
Author(s):  
Cleiton Rodrigues de Vasconcelos ◽  
Daniel Pereira da Silva
Keyword(s):  
Intellectual Property ◽  
Computer Program ◽  
Management System ◽  
Development Process ◽  
Industrial Design ◽  
Methodological Approach ◽  
Geographical Indication ◽  
The Public ◽  
Property System ◽  
The Right

The protection of intellectual property (IP) is a crucial area to support the development process of any country, as it is in this context that the biggest strategic disputes are taking place. In recent years Brazil has developed some actions to achieve greater efficiency in the public IP management system, but are we on the right track? The present study seeks to present answers regarding the performance of Brazil and to highlight the advances and challenges regarding the IP system. The methodological approach was structured based on a review in the literature, highlighting the scientific, economic and technological indicators on the development of IP and the main IP objects registered with the Brazilian national intellectual property body (INPI) in the period of 2013 to 2016, in the areas of patents, trademarks, industrial design, computer program, circuit topography, technology contracts and geographical indication.

scholarly journals Challenges of Transnational Trademark Law Practice: The Case of Nigerian Companies’ Brands in OAPI States

2015 ◽  
Vol 45 (1) ◽  
pp. 321-347
Author(s):  
Caroline Joëlle Nwabueze
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Physical Property ◽  
The European Union ◽  
African Region ◽  
Industrial Growth ◽  
Business Decision ◽  
Goods And Services ◽  
Economic Support ◽  
Trademark Protection

Nigeria industrial growth has turned the country into an indispensable economic support for its neighbours. Only for the case of Cameroon, Nigeria has been the leading supplier with respectively 22% and 17.8% of imports in 2011 and 2012 with trade amounting to 328 billion FCFA per annum. This results in part from Nigerian companies’ exportations in local markets. Nigerian trademarks related to cosmetics, furniture, electronics, and pharmaceutical goods abound in neighbouring countries. However, a strengthening of Nigerian companies in regional markets encompasses strategies to avoid infringing on the trademark rights. Such strategies should include the consideration of special trademarks features by different institutions of the intellectual property (IP) system in the relevant neighbour export markets. This is by the mere fact that the legal status of those goods, although physical property, relies mainly on the material law applicable, which is trademark in the present case. Because the principle of territoriality requires that trademark protection be sought in the place where the goods are sold—and trademark applications filed in each country in which protection is sought—, Nigerian companies planning to outsource some business activity in neighbour markets will seek compliance with trademarks norms applicable in the Organisation africaine de la propriété intellectuelle (OAPI) of which those countries—Benin, Cameroon, Chad, and Guinea—are part. The trade partnership between companies from a common law trademark background on one hand, and civil law intellectual property community on the other, inevitably raises some frictions and trademarks issues. This article analyses the trademark challenges arising from Nigerian companies’ business decision to enter OAPI markets and export goods and services. The article firstly underlines the issues to be taken into consideration, including registration and enforcement of the companies’ marks in OAPI. Then the paper simultaneously reviews the dissimilarities issues between the Nigerian Trademark Act and the OAPI Trademark System to which the Nigerian companies are confronted. If trademark protection makes it easier for an enterprise to access transnational markets, the establishment of a Trademark Community with neighbouring countries helps for sure national industries to establish partnerships with other firms for sustainable development in the areas such as production, marketing, distribution or delivery of goods and services. In light of the trademark harmonisation in the European Union internal market, the present paper concludes by recommending the creation of a Trademark Community in the West and Central African region between Nigeria and its neighbouring countries.

scholarly journals Protection of intellectual property rights on a trademark

2020 ◽  
pp. 19-24
Author(s):  
L.V. Zolota ◽  
G.V. Rusak
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Necessary Condition ◽  
International Treaties ◽  
Goods And Services ◽  
Unique Object ◽  
Trademark Protection ◽  
The Moment ◽  
Trademark Use

In the process of developing their own business, legal entities and individuals are looking for new ways and tools to separate, individualize goods or services from others. The most effective tool to individualize and promote business not only in domestic but also global markets is a trademark. Therefore, it is worth paying attention to the brand from the moment of business formation. After all, the consumer perceives the brand visually, phonetically, semantically, it is a tool that psychologically affects the consumer of a product or service and forces him to make a choice. Relations arising during the acquisition, exercise and protection of trademark rights are provided by the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", as well as relevant ratified international treaties and other regulations acts. Also, the relevance of this topic is due to the fact that the trademark is a special, unique object of intellectual property rights, a means to individualize goods and services, as well as business participants. Problems of trademark use and protection are a significant issue, as a necessary condition for effective economic development, increasing the level of product competitiveness, not only in Ukraine but also abroad, protection against unfair competition is the proper implementation of trademark rights. During the writing of the article to achieve the goal the concept of trademark in Ukraine and its features were revealed, differences of trademark from other marks for goods and services were established, the legislation of Ukraine in the field of trademark protection was analyzed and characterized trademark in Ukraine.

scholarly journals Indigenous Customary Law and International Intellectual Property: Ascertaining an Effective Indigenous Definition for Misappropriation of Traditional Knowledge

2020 ◽  
Vol 51 (4) ◽  
pp. 597
Author(s):  
Nopera Dennis-McCarthy
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Customary Law ◽  
World Intellectual Property Organization ◽  
Effective Protection ◽  
System A ◽  
Property System ◽  
The World ◽  
Definition Of ◽  
Property Regime

The effective protection of indigenous traditional knowledge from misappropriation is a fundamental challenge faced by the intellectual property system. A substantial aspect of this challenge is how the intellectual property regime can practically utilise or incorporate indigenous customary law as a means of protection against misappropriation, when there is an inherent tension between the former and the latter. Any international legal instrument intended to protect against misappropriation of indigenous traditional knowledge will have to contend with this tension: a definition of misappropriation ought to encourage use of local indigenous customary law, but it also must be practically applicable within the confines of the intellectual property system. Consequently, this article considers the challenge in two parts. The first part requires ascertainment of a potential international legal definition of misappropriation that will uphold and maintain indigenous customary law, in the context of the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) draft articles. To ensure the definition effectively affirms indigenous customary law, it will be based on three key "approaches" to indigenous custom. The second part entails application of the definition to the domestic context, namely through the case studies of New Zealand and Australia, and a subsequent critique of the difficulties of application, to illustrate the challenge of incorporating indigenous customary law within the intellectual property system. This article concludes that the risks inherent in an aspirational definition of misappropriation which may have some challenges in application are outweighed by the potential of normalising and encouraging indigenous customary law as the foundational basis for truly effective protection of traditional knowledge against misappropriation.

The Protection of Non-Traditional Trademarks

2018 ◽  
Keyword(s):  
Intellectual Property ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Comprehensive Overview ◽  
Property System ◽  
Starting Point ◽  
Problems And Solutions ◽  
The Status ◽  
Trademark Protection ◽  
The Impact

During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion have on other branches of intellectual property protection and the intellectual property system as a whole? Offering a fresh, critical, and interdisciplinary analysis of the questions raised by the acceptance of non-traditional marks, this book provides an insightful academic—and at the same time practical—legal and economic review of the topic. Office and court decisions from different countries and regions serve as a starting point for a comparison of existing approaches to non-traditional marks. Providing a comprehensive overview of the status quo in different jurisdictions, the essays in this book offer a cutting-edge discussion of legal problems and solutions in the field of non-traditional marks. The analysis, however, goes far beyond specific questions of trademark law and practice. It places the issue in the broader context of fundamental rights, in particular freedom of competition and freedom of expression, and explores the impact on other fields of intellectual property, such as patent, copyright, and industrial designs law.

Development of Intellectual Property of Communications Enterprise and Analysis of Current Situation of Patents in Emerging Technology Field

2013 ◽  
pp. 89-96 ◽  
Author(s):  
Wenjia Ding
Keyword(s):  
Intellectual Property ◽  
Statistical Data ◽  
Emerging Technology ◽  
Current Situation ◽  
Communication Industry ◽  
Property System ◽  
Specific Analysis ◽  
Patent Applications ◽  
Intellectual Property Strategy

In the process of promoting the national intellectual property strategy, domestic enterprises should seize the opportunity to develop their own intellectual property system according to their actual situations. The communication industry as an example of statistical data and specific analysis of patent applications in emerging technology field in recent years are supplied in the article.

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