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Concise European Trade Mark and Design Law 2nd Edition

Concise European Trade Mark and Design Law 2nd Edition

Author: Charles Gielen; Verena von Bomhard
Publisher: Kluwer Law International
ISBN: 9789041156662

Previous Edition ISBN: 9789041124074
Published In: January 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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In an increasingly globalised and diversified marketplace, the importance of brands and their effective legal protection also across country borders and regions is ever growing. In the last twenty years, trade marks and designs have become truly European.

The EU trade mark has proven a solid and reliable tool of EU-wide protection of intellectual property. National trade marks have maintained their importance to businesses that are active in the EU. The EU Intellectual Property Office and the national IP offices are successfully working on further convergence of practices, and the recent reform of EU trade mark law will bring the systems closer together aligning also important aspects of procedure.

The Community design is taking an ever more prominent position in the protection of intellectual property, and in the daily practice of IP practitioners and courts across the European Union.

However, the expansion of the European Union from 15 Member States in 1996 to currently 28 has triggered further discussion of pan-European trade mark and design protection, its requirements and limitations, and even twenty years of case law of the Court of Justice of the European Union have left – or in fact opened – many questions on the interpretation of the law. Concise European Trade Mark and Design Law aims to offer the reader a rapid understanding of the provisions of trade mark and design law in force in the EU and features:-

Article-by-article commentaries on the relevant European directives and regulations in the fields of trade marks and designs
Short and straightforward explanations of the principles of law to be drawn from each provision
Editors and authors who are prominent specialists (academics and practitioners) in European and international trade mark and design law

Preface

Authors

About the Editors

Introduction

Practical Notes from the Editors

Council Regulation (EC) No 207/2009 as amended by Regulation (EU) 2015/2424 (EU Trade Mark Regulation)

Preamble (no commentary)

Title I – General provisions (Arts.

1–3)

Title II – The law relating to trade marks

Title III – Application for EU trade marks

Title IV – Registration Procedure

Title V – Duration, renewal, alternation and division of EU trade marks (Arts.

46–49)

Title VI – Surrender, revocation and invalidity

Title VII – Appeals (Arts.

58–65a)

Title VIII – Specific provisions on European Union collective marks and certification marks

Title IX – Procedure

Title X – Jurisdiction and procedure in legal actions relating to EU trade marks

Title XI – Effects on the laws of the Member States

Title XII – The Office

Title XIII – International registration of marks

Title XIV – Final provisions (Arts.

163–167)

EUTMR, Annex I (Fees)

Annex II to Regulation (EU) 2015/2424 (Correlation Table CTMIR)

Annex III to proposal for codified EU Trade Mark Regulation (Correlation Table EUTMR)

Directive (EU) 2015/2436 of the European Parliament and of the Council (Trade Mark Directive)

Preamble (no commentary)

Chapter 1 – General provisions (Arts.

1, 2)

Chapter 2 – Substantive law on trade marks

Chapter 3 – Procedures

Chapter 4 – Administrative cooperation (Arts.

51, 52)

Chapter 5 – Final provisions (Arts.

53–57)

Council Regulation (EC) No.

6/2002 (Community Design Regulation)

Preamble (no commentary)

Title I – General provisions (Arts.

1, 2)

Title II – The law relating to designs

Title III – Community designs as objects of property (Arts.

27–34)

Title IV – Application for a registered Community design

Title V – Registration procedure (Arts.

45–50)

Title VI – Surrender and invalidity of the registered Community design (Arts.

51–54)

Title VII – Appeals (Arts.

55–61)

Title VIII – Procedure before the Office

Title IX – Jurisdiction and procedure in legal actions relating to Community designs

Title X – Effects on the laws of the Member States (Arts.

95, 96)

Title XI – Supplementary provisions concerning the Office

Title XIa – International registration of designs

Title XII – Final provisions (Arts.

107–111)

Directive 98/71/EC of the European Parliament and of the Council (Design Directive)

Preamble (no commentary)

List of Abbreviations

List of Treaties, Legislation and other Documents

List of Cases

Index

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