Features of trademark laws and cases in major Asian jurisdictions

Publication Type

Book Chapter

Version

acceptedVersion

Publication Date

10-2019

Abstract

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book provides some snapshots by choosing and analysing some of the key principles that best reflect Asian features, by focusing on the following topics: “use of trademarks/likelihood of confusion on the Internet”, “use of market survey evidence in solving trademark disputes”, “infringement and damages”, and “choice of jurisdiction and applicable law in trademark litigation”. Trademark law is probably the most internationally harmonised area of intellectual property law, with more than a dozen international treaties and agreements signed. In sharp contrast to the wide adoption of the international exhaustion principle as a way of limiting trademark rights, “fair use” as an overarching trademark infringement defence which serves to protect public interests and market competition is not widely accepted or used in Asia, and remains mostly an academic topic.

Keywords

Trademarks, intellectual property law, Asia

Discipline

Asian Studies | Intellectual Property Law

Research Areas

Innovation, Technology and the Law

Publication

Annotated leading trademark cases in major Asian jurisdictions

Editor

Kung-Chung Liu

First Page

3

Last Page

21

ISBN

9780429316395

Identifier

10.4324/9780429316395-1

Publisher

Routledge

City or Country

New York

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.4324/9780429316395-1

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