scholarly journals Harmful Trademarks

2019 ◽  
Author(s):  
Nadiya Farah
Keyword(s):  
Intellectual Property ◽  
Islamic Law ◽  
Competition Law ◽  
Public Order ◽  
Anecdotal Evidence ◽  
Trademark Law ◽  
Islamic Countries ◽  
Trademark Registration ◽  
Gulf States ◽  
The Uk

Between 2013-2017, around 115 EU trademark applications were rejected on morality and public order grounds. In the GCC (six Arab and Islamic countries), anecdotal evidence suggests some refusals have bemused foreign applicants and highlighted cultural blindspots. In this context, this work examines how three Arab Gulf states that have Islamic law as the main source of legislation and large expatriate communities, apply moral bars to trademark registration. It draws comparison with Western jurisdictions. Three main questions are explored: 1) To what extent do immoral or borderline trademarks/goods proceed to registration in conservative Islamic countries that apply trademark law in conformity with Shari’a law? 2) What reasoning is guiding decisions? 3) Can a concept of ‘harm’ improve our understanding of the power of trademarks and thus the moral thresholds that countries set? The author is an innovation and IP commercialisation professional. She acquired a passion for trademark law while completing a Master of Laws in ‘Intellectual Property and Competition Law’ in Munich, Germany. She is now pursuing a career in trademark law in the UK.

8. Articles 101 and 102: private enforcement in the courts of Member States

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
Private Enforcement ◽  
Eu Law ◽  
Extensive Experience ◽  
Breach Of Contract ◽  
Member States ◽  
The Uk

This chapter describes the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also deals with the extensive experience of private actions in the UK courts. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.

scholarly journals Application of Islamic Law in the UK and Universal Human Rights

2020 ◽  
pp. 72-87
Author(s):  
Elham Manea
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Islamic Law ◽  
Middle Eastern ◽  
Legal Pluralism ◽  
Religious Groups ◽  
Universal Human Rights ◽  
Islamic Countries ◽  
British Case ◽  
The Uk

Should Islamic Law be introduced into Western legal system? At the heart of the issue is a debate on legal pluralism, which envisions a society where different laws apply to different religious groups. This paper explores question using the British case of Sharia Councils. Building on the author’s knowledge of the situation of women in Middle Eastern and Islamic countries, she undertook firsthand analysis of the Islamic Sharia councils and Muslim arbitration tribunals in various British cities. She offers a pointed critique of legal pluralism, highlighting the type of Islamic law being used and its human rights ramifications.

8. Articles 101 and 102: private enforcement in the courts of Member States

2021 ◽  
pp. 311-348
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
Private Enforcement ◽  
Eu Law ◽  
Domestic Court ◽  
Breach Of Contract ◽  
High Court ◽  
The Uk

This chapter describes the private enforcement of competition law, that is to say the situation where litigants take their disputes to a domestic court or, quite often, to arbitration. It will deal with the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also describes private actions for damages and injunctions in the High Court and the UK Competition Appeal Tribunal. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.

Turkey (‘.tr’)

2015 ◽  
Author(s):  
Mustafa Aksu
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
Unfair Competition ◽  
Trademark Law ◽  
Unfair Competition Law ◽  
Commercial Code ◽  
Turkish Commercial Code

The Trademark Decree-Law constitutes an important component in the alignment of Turkish trademark law with European laws concerning intellectual property. According to the Trademark Decree-Law, protection is only possible for registered trademarks (Trademark Decree-Law, Article 6). Unregistered trademarks must instead rely on the unfair competition law provisions of Articles 54 to 63 of the Turkish Commercial Code (hereinafter TComC).

An Analysis of China's System of Protecting Geographical Indications

2006 ◽  
Vol 1 ◽  
pp. 1-21
Author(s):  
Lanye Zhu
Keyword(s):  
Intellectual Property ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Trademark Law ◽  
Chinese Law ◽  
Trademark Registration

AbstractGeographical indications are a kind of intellectual property required to be protected under the TRIPS Agreement of the WTO. In order to fulfil its WTO obligations, China started to protect geographical indications even before it was formally admitted to the WTO. At present, geographical indications can be protected in Chinese law through one or both of the following ways: trademark registration pursuant to the Trademark Law, and the registration of special labels bearing geographical indications. However, internal problems exist within both of these systems, and the co-existence of the systems also creates conflicts. This article analyses these problems and proposes ways of resolving them.

Public order and morality in China's Trademark Law: a vague scrutiny based on political order and social morals

2021 ◽  
Vol 11 (2) ◽  
pp. 198-218
Author(s):  
Ling Zhang
Keyword(s):  
Civil Rights ◽  
General Public ◽  
Freedom Of Expression ◽  
Political Order ◽  
Public Order ◽  
Public Authorities ◽  
Trademark Law ◽  
Cultural Conflicts ◽  
Social Events ◽  
Trademark Registration

Under Article 10(1)(8) of China's Trademark Law, a trademark that is contrary to public order and accepted principles of morality is not only refused registration, but also forbidden to be used in commerce. Numerous cases involving the registrability of trademarks are brought to China's courts, and Article 10(1)(8) is one of the main grounds for refusing trademark registration. In general, there are two specific legal issues concerning the application of this provision. One is the legislative purpose and rational basis of this provision. In fact, China's Trademark Office and courts used this provision to block trademark hoarding and to protect the civil rights of others before the Supreme People's Court clarified that the purpose of this provision was to protect public interests. The other is the standard for determining what is offensive, which is a common problem among countries with a similar provision. Indeed, it is difficult to create a consistent standard because of the subjectivity involved in drawing moral conclusions, the cultural conflicts between different groups and the unpredictability of the perception of the general public. However, these problems could be solved if the examiners set a low moral threshold for trademark registration, as the perception of the general public with normal sensitivity and tolerance is easier to ascertain when a mark is deeply offensive. In addition, not all trademarks related to public authorities and serious social events should be forbidden under the morality provision, and the court should take account of the possibility of damaging political order and traders' freedom of expression.

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