International Trademark Protection: Territoriality in a Post-National Age

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Graeme Dinwoodie (Professor of Intellectual Property and Information Technology Law, University of Oxford)

International Trademark Protection

Territoriality in a Post-National Age

Graeme Dinwoodie (Professor of Intellectual Property and Information Technology Law, University of Oxford)

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English

Oxford University Press
17 August 2028

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 important issues 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 will determine 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 and institutions. 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 and registration 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.

By: Graeme Dinwoodie (Professor of Intellectual Property and Information Technology Law University of Oxford)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9780199669028
ISBN 10: 0199669023
Pages: 400
Publication Date: 17 August 2028
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Part 1: International Trademark Law: The Territoriality Principle 1: Introduction 2: Theoretical Constructs Part 2: Three Models for International Protection 3: Through International Institutions 4: Through Evolution of National Doctrine (mostly within EU and US) 5: Regional Unitary Rights: the CTM Part 3: Conclusions 6: Building Blocks in Constructing and International System 7: The Ideal Solution 8: The Nature of Trade Mark Law

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 recognised for his work on trade mark law. In 2008 he received the 2008 Ladas Memorial Award from the International Trademark Association for his article 'Confusion Over Use: Contextualism in Trademark Law' (with Mark D Janis). Professor Dinwoodie has served as a consultant to the World Intellectual Property Organization on matters of private international law, as an Adviser to the American Law Institute Project on Principles on Jurisdiction and Recognition of Judgments in Intellectual Property Matters, and as a Consultant to the United Nations Conference on Trade and Development on the Protection of Traditional Knowledge.