An Introduction to the Japanese Trademark and Unfair Competition Law PDF Download

Author: Teruo Doi
Publisher:
ISBN:
Category : Japan
Languages : en
Pages : 13

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Author: Kenneth L. Port
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description
Port describes both the nature and process of protecting appellations of source in Japan and provides normative commentary on this protection. By focusing on the Japanese judiciary's interpretation of two statutes ? he Trademark Law and the Unfair Competition Prevention Act ? some important lessons are learned. First, the Japanese judiciary treats trademark owners (both foreign and domestic) paternalistically. Japanese courts go to great extremes to avoid harsh results that seem possible under a strict reading of these two statutes. Second, Japanese trademark owners are extremely rights conscious and pursue litigation to the fullest in order to drive up the cost of market access by competitors. Third, the Japanese trademark right operates more like a true property right than it does in America. This has broad ramifications as judges treat the right with far more deference than their American counterparts.

Author: Teruo Doi
Publisher:
ISBN:
Category : Competition, Unfair
Languages : en
Pages :

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Author: Christopher Heath
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 368

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Book Description
This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.

Author: Hiroko Onishi
Publisher: Routledge
ISBN: 1136027920
Category : Law
Languages : en
Pages : 195

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Book Description
This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.

Author: Ministry of Justice of Japan
Publisher: Createspace Independent Pub
ISBN: 9781451599572
Category : Law
Languages : en
Pages : 652

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Book Description
This book contains the original texts and English translations of three documents concerning domestic and foreign attorneys working in Japan; Attorney Act, Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers, Ordinance for Enforcement of the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers.Kentaro Sato (Editor)

Author: Christoph Rademacher
Publisher: Kluwer Law International B.V.
ISBN: 9403506458
Category : Law
Languages : en
Pages : 426

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Book Description
Max Planck Series on Asian Intellectual Property Law Volume 18 Indisputably, Japan is today a major hub of product design, and designs made in Japan play an influential role in the world across a wide range of industries. This is the first and only book in English to provide a detailed overview and discussion of product design protection and practice under Japanese law. In addition to expert analysis of the application of design law by Japanese courts and the Japan Patent Office (including the far-reaching 2020 amendments), the book features seven contributions by Japanese product designers from specific industries who describe the product design process in their industry and its legal ramifications worldwide. With in-depth description and analysis and many detailed explanatory figures and tables, the contributors cover such issues and topics as the following: ownership of design rights; requirements for design protection; application process for design registration; examination procedure; appeals and invalidity trials; design infringement and scope of protection; overlap of design and other intellectual property rights; design protection and competition law; international jurisdiction and governing law; and design rights and commercial transactions. Industry-specific chapters cover the application of design law in furniture, home appliances, cell phones, cars, advertising, product packaging, web design, and typeface design. The book concludes with a chapter highlighting differences in design law in Japan and the European Union. Given that Japanese design experts often note a lack of understanding of Japanese design law and practice by foreign companies, this book will appeal to law firm practitioners and in-house counsel involved in global design right portfolio management and design protection in Japan. It will also appeal to intellectual property scholars and product designers with an interest in Japanese design practice and law.

Author: Teruo Doi
Publisher:
ISBN:
Category : Competition, Unfair
Languages : en
Pages : 184

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Book Description

Author: Teruo Doi
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 552

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Book Description

Author: Hiroshi Yamada
Publisher: Kluwer Law International B.V.
ISBN: 9403529156
Category : Law
Languages : en
Pages : 206

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Japan covers every aspect of the subject-the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.