Kenneth L. Port – författare

In this comprehensive study of the Japanese trademark law system, the author presents the view of trademark rights in Japan as articulated in the relevant statues and by Japanese courts and commentators. Relying on nearly 200 judicial opinions, nearly 200 books and law review articles, and the author’s own translation of the Japanese Trademark Law, the author argues that trademark law as enforced by Japanese courts is a very sophisticated and well-developed field of law – far more advanced than is generally supposed by those outside Japan. This book has three primary theses, all of them controversial. First, Professor Port argues that Japanese courts are rather paternalistic in protecting trademark owners, both from Japan and from foreign countries. Japanese courts have not hesitated to create judicial doctrine or rules that dampen the potential harsh impact a literal reading of the statue might allow regarding foreign trademark rights. Second, this book argues that Japanese trademark owners are extremely rights conscious and Japanese courts clearly recognize and protect these rights as corporations compete. Although some argue that all of law in Japan can be explained by culture, the findings here demonstrate that culture is not king in the judicial trademark law field and that Japanese zealously litigate trademark rights in order to compete for market share. Finally, this book shows the very broad scope of trademark protection in Japan. Again, although criticized for being too narrow, the Japanese trademark system confers property status to trademarks themselves, something the American system does not do. This results in a system where trademark registrations may be difficult to obtain, but once obtained are significantly broader in scope and resistant to divestiture than was previously believed.

Completely revised and updated, this seventh edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other hand.

Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the sixth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth part on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more:

subject matter of protection;

conditions of protection;

registration procedures;

scope of exclusive rights;

transfer of interests;

fair use;

rights in unregistered marks;

protection of computer software, code, and databases;

remedies and defenses; and

procedural issues in infringement actions.

The authors examine significant case law, updated for this edition, in the course of their analysis.

With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.

Completely revised and updated, this seventh edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other hand.

Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the sixth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth part on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more:

subject matter of protection;

conditions of protection;

registration procedures;

scope of exclusive rights;

transfer of interests;

fair use;

rights in unregistered marks;

protection of computer software, code, and databases;

remedies and defenses; and

procedural issues in infringement actions.

The authors examine significant case law, updated for this edition, in the course of their analysis.

With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.