28. Tortious protection of intellectual property rights

2019 ◽  
pp. 515-550
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Common Law ◽  
Trade Mark ◽  
Trade Marks ◽  
Passing Off ◽  
Trade Mark Law ◽  
The Common ◽  
The Law

This chapter discusses the ways in which the common law, in the form of the law of tort, creates rights of action. It focuses on the torts of passing off and malicious falsehood, although attention is also paid to the ways in which defamation can assist. These rights are supplementary, and complementary, to the statutory formal rights. In particular, trade mark law and passing off closely overlap, although s. 2(2) of the Trade Marks Act 1994 preserves passing off as a separate cause of action.

19. Intellectual Property Law

2019 ◽  
pp. 535-562 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Property Law ◽  
Trade Marks ◽  
Passing Off ◽  
Time Limits ◽  
The Law ◽  
Protecting Intellectual Property ◽  
The Uk

This chapter considers the major intellectual property rights in the UK and the protection the law gives to these rights. It explains the meaning of copyright, patents, trade marks, and design rights, and considers the types of works that might be protected by them. It explains whether the rights need to be registered and if so the process of registration. It examines the time limits for the protection of the various rights and the remedies available for infringement of them. It also considers the protection the law gives to intellectual property via the tort of passing off. The chapter concludes with a discussion of the possibilities of protecting intellectual property rights outside the UK.

19. Intellectual Property Law

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Property Law ◽  
Trade Marks ◽  
Passing Off ◽  
Time Limits ◽  
The Law ◽  
Protecting Intellectual Property ◽  
The Uk

This chapter considers the major intellectual property rights in the UK and the protection the law gives to these rights. It explains the meaning of copyright, patents, trade marks, and design rights and considers the types of works that might be protected by them. It explains whether the rights need to be registered and if so the process of registration. It examines the time limits for the protection of the various rights and the remedies available for infringement of them. It also considers the protection the law gives to intellectual property via the tort of passing off. The chapter concludes with a discussion of the possibilities of protecting intellectual property rights outside the UK.

scholarly journals Atbildība par preču zīmes tiesību pārkāpumu

2021 ◽  
pp. 121-127
Author(s):  
Jānis Rozenfelds ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Member State ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Trade Mark ◽  
Trade Marks ◽  
Time Period ◽  
Trade Mark Law ◽  
The Eu

The liability for violation of trade mark rights until 2020 was regulated by the law “On Trade Marks and Indications of Geographical Origin” (Trade Mark Law) of 1999, which was in force until 2020. However, during the time period between 2002, when Latvia joined EU, and as late as 2016, the Trade Mark Law referred to the Latvian Civil Law (Civil Law) as the main source of law. The problem was that the traditional methods of damage calculation as established by Civil Law significantly differ from specific methods of calculation of damages caused by violation of IP rights as provided by the Directive No. 2004/48/EK. Latvia as a member state provided for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by the Directive No. 2004/48/EK only in 2007, i.e., three years after the accession to the EU. Those measures, procedures and remedies were only gradually introduced.

9. Passing-off and trade marks

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Common Law ◽  
Trade Mark ◽  
The European Union ◽  
Brand Name ◽  
Trade Marks ◽  
Passing Off ◽  
The Law

Passing-off is a common law cause of action that protects traders with goodwill in their business against misrepresentations made by their competitors which confuse customers as to the source of goods or services. The typical passing-off scenario is where a trader, by the use of a brand name, logo, slogan, or packaging, deceives customers into thinking that its products or services are associated with another trader. Trade marks can be registered for signs or symbols that identify products or services as coming from a particular trader, so to be registrable a trade mark must be distinctive of a trader’s goods and not similar to any earlier registered mark, or a non-registered mark that is in use. Registration of a trade mark gives substantial advantages over relying on passing-off. The law of registered trade marks has been harmonized by the European Union.

31. Character merchandising

2019 ◽  
pp. 629-639
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trade Mark ◽  
Specific Recognition ◽  
Trade Mark Law ◽  
The Way

Character merchandising does not have much in the way of specific recognition in UK law. In response, the character merchandising industry has sought legal protection via the adaptation of other intellectual property rights and their application to the merchandising field. This chapter discusses how copyright, trade mark law, and various torts combine to confer legal protection on character merchandising.

Part III Transfers in Particular Contexts, 20 Transfer of Intellectual Property

2018 ◽  
Author(s):  
Smith Marcus ◽  
Leslie Nico
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Common Law ◽  
Moral Rights ◽  
The Common

This chapter focuses on how intellectual property rights are transferred, and the consequences and implications of this. Although the transfer of a patent was originally governed by the common law, the common law rules have long since been superseded by statutory provisions that govern the transfer of the legal title in a patent. The present provision is contained in section 30 of the Patents Act 1977. Meanwhile, section 90(1) of the Copyright, Designs and Patents Act 1988 provides that copyright is transmissible by assignment, by testamentary disposition, or by operation of law, as personal or moveable property. The chapter also considers the transfer of moral rights, industrial design right, and trademarks.

9. Passing-off and trade marks

2019 ◽  
pp. 148-178
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Common Law ◽  
Trade Mark ◽  
The European Union ◽  
Brand Name ◽  
Trade Marks ◽  
Passing Off ◽  
The Law

Passing-off is a common law cause of action that protects traders with goodwill in their business against misrepresentations made by their competitors which confuse customers as to the source of goods or services. The typical passing-off scenario is where a trader, by the use of a brand name, logo, slogan, or packaging, deceives customers into thinking that its products or services are associated with another trader. Trade marks can be registered for signs or symbols that identify products or services as coming from a particular trader, so to be registrable a trade mark must be distinctive of a trader’s goods and not similar to any earlier registered mark, or a non-registered mark that is in use. Registration of a trade mark gives substantial advantages over relying on passing-off. The law of registered trade marks has been harmonized by the European Union.

scholarly journals Sui Generis Intellectual Property Law Reform: Issues for Australia

2001 ◽  
Vol 32 (1) ◽  
pp. 19
Author(s):  
Megan Richardson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Common Law ◽  
Law Reform ◽  
Reform Process ◽  
Property Law ◽  
Current Range ◽  
The Law ◽  
Innovation Practices

This article begins by describing the current range of intellectual property rights in Australia (statutory and common law/equity), then canvasses recent reforms that seek to address some of the problems raised by new innovation practices. A particular focus of the article is the piecemeal nature of the law reform process which continues to treat the law in this area in a highly compartmentalised fashion. Some tentative proposals for improvement are made at the end.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

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