Annotated Leading Trademark Cases in Major Asian Jurisdictions

- Publisher:
- Taylor & Francis Ltd.
- Publication date:
- 2020-01-01
- Authors:
- Kung-Chung Liu
- ISBN:
- 9780429316395
Description:
There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
Part 1: Introduction
Part 2: Use of trademarks/likelihood of confusion on the Internet
- Chapter 2: Legal consequences of non-use in Indonesia
- Chapter 3: Google’s keyword advertisement in Taiwan
- Chapter 4: Similarity in appearance, concept or pronunciation alone does not automatically lead to similarity of marks in Japan
- Chapter 5: The principles of passing off under trademark law apply to domain names in India
Part 3: Application of market survey in solving trademark disputes
Part 4: Limitation of trademark rights
- Chapter 10: International exhaustion in Singapore
- Chapter 11: International exhaustion of trademark rights in India
- Chapter 12: The exhaustion defence to trademark infringement and parallel importation in Malaysia
- Chapter 13: Justifiability of parallel import and trademark infringement by imports produced in breach of a licensing agreement in Japan
- Chapter 14: Scope of a parallel importer’s permissible use of a trademark in marketing activities in Korea
- Chapter 15: Right of a trader in India to use another trader’s mark by way that is reasonably necessary
- Chapter 16: “Denominative” use of another’s trademark can constitute prima facie “due cause” under Section 29(4) of the Indian Trade Marks Act
- Chapter 17: Establishing a parody defence standard within the framework of Taiwan’s Trademark Act
- Chapter 18: Finding infringement but refusing to grant permanent injunction under Chinese Trademark Law
Part 5: Protection of well-known marks
- Chapter 19: The protection of well-known marks against dilution via SPC in China
- Chapter 20: Dilution of a well-known trademark as ground for refusal of registration of an identical or similar mark for different goods or services in Malaysia
- Chapter 21: Trade mark dilution before and after Section 29(4) of the Indian Trade Marks Act
- Chapter 22: Taiwan IP Court decisions tend to treat likelihood of confusion and likelihood of dilution as mutually interchangeable
- Chapter 23: Bad-faith registration of marks similar to well-known ones as ground for registration cancellation in Indonesia
- Chapter 24: Protection of famous product configuration mark (Viagra trademark for diamond shape and blue colour) in Korea
- Chapter 25: Concurrent trademark infringement and unfair competition in the Philippines
- Chapter 26: Unregistered well-known trademark owner accused of infringement in Japan
Part 6: Infringement and damages
- Chapter 27: Trademark rights-infringing comparative advertising in India
- Chapter 28: Contributory trademark infringement liability of online open market operators based on the civil code in Korea
- Chapter 29: Exclusive licensee’s rights in Singapore
- Chapter 30: The de-linkage and re-linkage between trademark use and damages in China
- Chapter 31: Trademark infringement defence based on non-occurrence of damage in Japan
- Chapter 32: Determination of damages for trademark infringement by the separate unit retail prices approach in Taiwan
- Chapter 33: Measure of damages for infringement in Malaysia
- Chapter 34: Damages for trade mark infringement in Singapore
Part 7: Jurisdiction and applicable law in trademark litigation
- Chapter 35: Exclusive jurisdiction over registration claim and applicable law to transfers of foreign trademark rights in Japan
- Chapter 36: Principles for applicable law for trademark infringement in Taiwan applicable to cases involving Hong Kong companies
- Chapter 37: Private international and inter-regional law rules for trademark infringement in mainland China
- Chapter 38: Remedying mischief in deciding jurisdiction favouring the plaintiff in India