Reconciling use-based and Registration-Based Rights within the Trade Mark System: What the Problems with Section 58A of the Trade Marks Act Tell Us

2014 ◽  
Vol 42 (1) ◽  
pp. 1-30
Author(s):  
Michael Handler ◽  
Robert Burrell
Keyword(s):  
Conceptual Framework ◽  
A Priori ◽  
Trade Mark ◽  
Dual Model ◽  
Court Decisions ◽  
Trade Marks ◽  
Close Analysis ◽  
Recent Addition ◽  
The Relationship

Reconciling registration and use as mechanisms by which rights can be acquired in a trade mark is inherently difficult. The federal Australian registered trade mark system is built around a hybrid of a registration-based and a use-based model of protection. While it is perfectly possible to defend such a dual model, the two means of acquiring trade mark rights rest on very different logics. In the event of a conflict between a registered mark and a mark that has been used for some time the question of which should take precedence is not necessarily capable of being determined a priori. The relationship between registration and use is mediated by a number of provisions of the Trade Marks Act 1995 (Cth). In this article we focus on one such provision, s 58A, a relatively recent addition to the legal landscape. Through a close analysis of s 58A, focusing on court decisions and decisions of the Trade Marks Office that have applied this provision, we demonstrate that s 58A has the potential to operate in an entirely unsatisfactory manner. We then use problems with s 58A as a vehicle to explore the relationship between use-based and registration-based rights generally, suggesting a new conceptual framework that might serve to guide future discussion of how the relationship between registration and use ought to be mediated.

Grenzen und Möglichkeiten der (paepckeschen) Hermeneutik

2021 ◽  
pp. 395-428
Author(s):  
Philippe Forget
Keyword(s):  
Conceptual Framework ◽  
A Priori ◽  
Theory And Practice ◽  
Contrastive Analysis ◽  
The Status ◽  
Functional Orientation ◽  
Human Orientation ◽  
The Relationship

After the author explicates how his academic relationship to Paepcke began in the 1970s, he proceeds to discuss critically the latter’s reflections on language and translation. Latent contradictions in Paepcke’s conceptual framework and in his understanding of the relationship between theory and practice are brought to the fore. This conceptual tension shows that Paepcke’s understanding of and approach to dealing with texts is problematic. Using concrete examples, the author demonstrates that Paepcke did not rely on the text as the criterion for constituting meaning. Rather Paepcke relied on historically mediated conceptual constructs which were given the status of authoritative units of sense, and these units guided Paepcke in his process of establishing the meaning of the whole. The reason for this can be found in unreflected preliminary decisions that are seen as “a priori evidence.” This also explains why Paepcke’s real achievement lies in the contrastive analysis of comprehensive concepts – of traditionally rich concepts developed over the course of time (human orientation) as well as in rationalized contemporary language (functional orientation).

6. Trade Marks I

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Public ◽  
The Subject ◽  
Substantive Law ◽  
The Relationship ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration ◽  
Domestic Case

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016) and its predecessor. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.

Blow-Up: A Reconsideration of Antonioni's Infidelity to Cortázar

PMLA ◽  
1979 ◽  
Vol 94 (5) ◽  
pp. 887-893 ◽  
Author(s):  
Terry J. Peavler
Keyword(s):  
Blow Up ◽  
A Priori ◽  
Julio Cortazar ◽  
International Recognition ◽  
Close Analysis ◽  
The 1960S ◽  
The Relationship ◽  
Julio Cortázar

Antonioni’s Blow-Up is one of the most significant and controversial films of the 1960s. Its success brought increased international recognition not only to its director but to Julio Cortázar, the author of the story that inspired the film. Because of the extreme complexity and ambiguity of both Blow-Up and its source, “Las babas del diablo,” critics have been unable to agree in their interpretations of either work, and they agree even less on the extent of Cortázar’s influence on Antonioni. A close analysis of the two works, with careful focus on the relationship between the creators and their protagonists and on the tension between the narratives and their self-conscious forms, reveals that many of the difficulties in interpretation are due to a priori assumptions of readers and viewers alike and that the similarities between the film and the story are far greater than has been supposed.

scholarly journals A conceptual framework of the relationship between musicking and Personal and Social Well-being for intermediate phase learners in the South African context

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Rechallda J. Mouton ◽  
Janelize Morelli
Keyword(s):  
Conceptual Framework ◽  
South African ◽  
Moral Education ◽  
Life Skills ◽  
Intermediate Phase ◽  
A Priori ◽  
Well Being ◽  
Policy Statement ◽  
African Context ◽  
The Relationship

This article proposes a conceptual framework to understand the relationship between musicking and Personal and Social Well-being for intermediate phase learners. We analysed the intermediate phase life skills Curriculum and Assessment Policy Statement (CAPS) document to create a priori codes. We employed these codes to analyse literature on musicking and well-being. Through this analysis, it became clear that it is possible to apply musicking as a means to teach Personal and Social Well-being outcomes in the intermediate phase life skills CAPS provided teachers view musicking as cultural and moral education. This article presents a conceptual framework resting on nine propositions that need to be addressed if teachers wish to teach personal and social well-being through musicking.

The Interaction with Other Areas of the Law

2016 ◽  
Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman
Keyword(s):  
Competition Law ◽  
Trade Mark ◽  
Bad Faith ◽  
Trade Marks ◽  
Domain Names ◽  
The Third ◽  
Trade Mark Law ◽  
The Common ◽  
The Relationship

Competition law and the free movement of goods principles have guided the development of trade mark law in Europe. This chapter will examine other relationships. The first part considers the use of trade marks in comparative advertisements. We have seen in Chapter 7 how comparative advertising has delineated the limits of trade mark law. Here the other side of the relationship is examined. Chapter 5 considered whether a geographical name can function and be protected as a trade mark and the limits of such protection. The second part of this chapter gives a flavour of the system of protecting product designations as geographical indications of origin. The third part looks at the clash between trade marks and domain names and the catalysing role of the concept of bad faith. The fourth part is a good example of how one dispute between distinguishing signs can become the common theme of distinct plots performed before different European audiences;

Effects of a Priori Liking on the Elicitation of Mimicry

2010 ◽  
Vol 57 (6) ◽  
pp. 412-418 ◽  
Author(s):  
Mariëlle Stel ◽  
Rick B. van Baaren ◽  
Jim Blascovich ◽  
Eric van Dijk ◽  
Cade McCall ◽  
...  
Keyword(s):  
A Priori ◽  
The Relationship

Mimicry and prosocial feelings are generally thought to be positively related. However, the conditions under which mimicry and liking are related largely remain unspecified. We advance this specification by examining the relationship between mimicry and liking more thoroughly. In two experiments, we manipulated an individual’s a priori liking for another and investigated whether it influenced mimicry of that person. Our experiments demonstrate that in the presence of a reason to like a target, automatic mimicry is increased. However, mimicry did not decrease when disliking a target. These studies provide further evidence of a link between mimicry and liking and extend previous research by showing that a certain level of mimicry even occurs when mimicry behavior is inconsistent with one’s goals or motivations.

The Impact of Competitive Quasi-Market on Service Delivery in Benue State University, Makurdi Nigeria

GIS Business ◽  
2019 ◽  
Vol 14 (4) ◽  
pp. 85-98
Author(s):  
Idoko Peter
Keyword(s):  
Service Delivery ◽  
A Priori ◽  
Least Square ◽  
Secondary Source ◽  
State University ◽  
Ordinary Least Square ◽  
Negative Effect ◽  
The Impact ◽  
The Relationship

This research the impact of competitive quasi market on service delivery in Benue State University, Makurdi Nigeria. Both primary and secondary source of data and information were used for the study and questionnaire was used to extract information from the purposively selected respondents. The population for this study is one hundred and seventy three (173) administrative staff of Benue State University selected at random. The statistical tools employed was the classical ordinary least square (OLS) and the probability value of the estimates was used to tests hypotheses of the study. The result of the study indicates that a positive relationship exist between Competitive quasi marketing in Benue State University, Makurdi Nigeria (CQM) and Transparency in the service delivery (TRSP) and the relationship is statistically significant (p<0.05). Competitive quasi marketing (CQM) has a negative effect on Observe Competence in Benue State University, Makurdi Nigeria (OBCP) and the relationship is not statistically significant (p>0.05). Competitive quasi marketing (CQM) has a positive effect on Innovation in Benue State University, Makurdi Nigeria (INVO) and the relationship is statistically significant (p<0.05) and in line with a priori expectation. This means that a unit increases in Competitive quasi marketing (CQM) will result to a corresponding increase in innovation in Benue State University, Makurdi Nigeria (INVO) by a margin of 22.5%. It was concluded that government monopoly in the provision of certain types of services has greatly affected the quality of service experience in the institution. It was recommended among others that the stakeholders in the market has to be transparent so that the system will be productive to serve the society effectively

Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan
Keyword(s):  
Three Dimensional ◽  
Trade Mark ◽  
Fourth Dimension ◽  
Trade Marks ◽  
Four Dimensions ◽  
Trade Mark Law ◽  
Dimensional Shape ◽  
Three Dimensional Shape

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

Educación y valores

2014 ◽  
pp. 83
Author(s):  
Sabino de Juan López
Keyword(s):  
Key Words ◽  
A Priori ◽  
Palabras Clave ◽  
The Subject ◽  
The Relationship ◽  
Problem Of The Criterion

RESUMEN En el artículo se ofrece una reflexión en torno a la educación y valores. Tras una referencia a los diferentes sentidos en que se puede plantear el problema en función de la forma como se puede entender la relación entre los dos sustantivos “educación” y “valores”, la reflexión se centra en algunos problemas relacionados con los valores en cuanto contenidos de la educación. Primeramente se refiere al problema del criterio en función del cual determinar los valores de la educación, concluyendo en que el criterio no podía ser ni de carácter a priori, ni empírico, sino “sintético”. A continuación, se afronta el problema del principio, de la fuente de los valores, o la concreción del criterio de los valores de la educación, entendiendo que éstos deberían ser determinados a partir del sujeto de la educación. Se concluye con la referencia a una exigencia de los valores de la educación, la configuración de una totalidad unitaria e interactiva. Palabras clave: educación, valores, fuente de valores, integración, cultura EDUCATION AND VALUES ABSTRACT The article offers a reflection on education and values. After a reference to the different senses in which one can pose the problem in terms of how you can understand the relationship between the two nouns “education” and “values”, reflection focuses on some problems related to the values in the contents of education. First, it concerns the problem of the criterion against which to determine the values of education, concluding that the criterion could be neither a priori in nature, not empirical, but “synthetic”. Herein, the problem of principle is faced, the source of values, or the realization of the criterion of the values of education, understanding that these should be determined from the subject of education. It concludes with the reference of a requirement of the values in education, setting up a unitary and interactive whole. Key Words: education, values , power values , integration, culture

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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