This volume offers a
detailed analysis of the issues related to the protection of non-traditional
marks.
In recent years, the domain of trademark law and
the scope of trademark protection has grown exponentially. Today, a wide
variety of non-traditional marks, including colour, sound, smell, and shape
marks, can be registered in many jurisdictions. However, this expansion of
trademark protection has led to heated discussions and controversies about the
impact of the protection of non-traditional marks on freedom of competition
and, more generally, on socially valuable use of these or similar signs in
unrelated non-commercial contexts. These tensions have also led to increasing
litigation in this area across several jurisdictions.
This book provides an overview of the debate and
state of the law surrounding non-traditional marks at the international,
regional, and national level. In particular, this book addresses relevant
international treaties administered by the World Intellectual Property
Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual
Property Rights (TRIPS) as well as several regional and national legislations
and leading judicial decisions in order to examine current law and practice
culminating in critical reflections and suggestions on the topic.
- Publisher's description
