Limitations of trademark rights in major Asian jurisdictions

Publication Type

Book Chapter

Publication Date

5-2023

Abstract

Amid rapid economic growth in Asia, the protection of intellectual property (IP) has become increasingly important. However, there is a shortage of comparative literature on Asian IP, and there is even less dealing with Asian trademark laws.Given the size and importance of Asia’s bustling trademark landscape, this chapter is dedicated to trademark laws in the major Asian jurisdictions of China, India, Japan, Korea, Malaysia, the Philippines, Singapore and Taiwan. It will focus on the limitations on trademark rights, in part to contrast the statement “the issue (exhaustion–added by the author) has come to be addressed by legislatures and courts in a restrictive manner,” and “[g]iven how restrictive most jurisdictions’ laws on exhaustion have become. It starts with a survey of the Asian trademark landscape, and then explores four crucial limitations on trademark rights in these jurisdictions: international exhaustion, prohibition of abuse of trademark rights, fair use, and unique defences against the award of damages. Also explored are new limitations on trademark rights adopted in the major Asian jurisdictions.

Keywords

International exhaustion, abuse of trademark rights, Fair use, defences against the award of damages

Discipline

Asian Studies | Intellectual Property Law

Research Areas

Innovation, Technology and the Law

Publication

Charting limitations on trademark rights

Editor

Haochen Sun & Barton Beebe

First Page

257

Last Page

276

ISBN

9780191914348

Identifier

10.1093/oso/9780198871248.003.0012

Publisher

Oxford University Press

City or Country

Oxford

Additional URL

https://doi.org/10.1093/oso/9780198871248.003.0012

This document is currently not available here.

Share

COinS