International Trademark Protection: Territoriality in a Post-National Age

Paperback | June 29, 2017

byGraeme Dinwoodie

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It is an unquestioned assumption of trade mark law that trade marks are territorial. But is territoriality relevant in a global marketplace? If trade marks are not dependent upon territoriality what are the alternative models for their protection? Professor Dinwoodie considers these importantissues in this thought-provoking scholarly treatment of the concept and relevance of territoriality in modern trade mark law.Professor Dinwoodie provides numerous key insights in this books. First, he highlights three alternative models that might facilitate the move to international protection: (a) protection through international institutions, (b) protection through evolution of national doctrine, and (c) protection through regional unitary rights. Second, by focusing on the surprising evolutions in national regimes, the resistance of European Union trade mark law to embrace fully the logic of the Community Trade Mark, and the weaknesses of the explicitly international system, Professor Dinwoodie identifies the key variables that willdetermine the ability of trade mark law to reflect a new post-national era. Third, by comparing and critiquing the different models, Professor Dinwoodie lays bare the policy choices and political dilemmas that underlie what is thought to be a relatively technical area of law, and advances a prescription for reconciling global markets with local values, cultures andinstitutions. Finally, Professor Dinwoodie draws these insights together to illuminate a number of characteristics of trade mark law: its role in industrial and economic policy developments; the extent of its subservience to political rather than commercial forces; the relationship between protecting goodwill andregistration systems; the complexity of the values pursued by trademark protection; and, perhaps most fundamentally, why territoriality operates differently in trade mark law than in other intellectual property regimes.

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It is an unquestioned assumption of trade mark law that trade marks are territorial. But is territoriality relevant in a global marketplace? If trade marks are not dependent upon territoriality what are the alternative models for their protection? Professor Dinwoodie considers these importantissues in this thought-provoking scholarly ...

Professor Graeme Dinwoodie is the Professor of Intellectual Property and Information Technology Law at the University of Oxford. He is also Director of the Oxford Intellectual Property Research Centre, and a Professorial Fellow of St Peter's College. He writes on all aspects of intellectual property law, but is most internationally re...

other books by Graeme Dinwoodie

Format:PaperbackDimensions:400 pages, 9.21 × 6.14 × 0.68 inPublished:June 29, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199669023

ISBN - 13:9780199669028

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Table of Contents

Part 1: International Trademark Law: The Territoriality Principle1. Introduction2. Theoretical ConstructsPart 2: Three Models for International Protection3. Through International Institutions4. Through Evolution of National Doctrine (mostly within EU and US)5. Regional Unitary Rights: the CTMPart 3: Conclusions6. Building Blocks in Constructing and International System7. The Ideal Solution8. The Nature of Trade Mark Law