Author: Christopher Heath
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 368
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.
The System of Unfair Competition Prevention in Japan
Author: Christopher Heath
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 368
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.
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 368
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.
The Principal Features of the New Unfair Competition Prevention Act of Japan
The Principal Features of the New Unfair Competition Prevention Act of Japan
The Principal Features of the New Unfair Competition Prevention Act of Japan
The Principal Features of the New Unfair Competition Prevention Act of Japan
The New Unfair Competition Prevention Act of Japan
Unfair Competition Prevention Act (Japan) (2018 Edition)
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781729658611
Category :
Languages : en
Pages : 24
Book Description
Unfair Competition Prevention Act (Japan) (2018 Edition) Updated as of October 23, 2018 This book contains: - The complete text of the Unfair Competition Prevention Act (Japan) (2018 Edition) - A table of contents with the page number of each section
Publisher: Createspace Independent Publishing Platform
ISBN: 9781729658611
Category :
Languages : en
Pages : 24
Book Description
Unfair Competition Prevention Act (Japan) (2018 Edition) Updated as of October 23, 2018 This book contains: - The complete text of the Unfair Competition Prevention Act (Japan) (2018 Edition) - A table of contents with the page number of each section
Name Protection Under Japanese New Unfair Competition Prevention Act, Etc
Author: Yukihiko Sugiura
Publisher:
ISBN:
Category : Business names
Languages : en
Pages : 198
Book Description
Publisher:
ISBN:
Category : Business names
Languages : en
Pages : 198
Book Description
Concerning the Revision of Unfair Competition Prevention Law in Japan
Author: Chiteki Zaisan Kenkyūjo
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 126
Book Description
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 126
Book Description
Trademark and Unfair Competition Law and Policy in Japan
Author: Kenneth L. Port
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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.