Protection of trademarks - Курсовая работа

Table of Contents Introduction Chapter 1. International Regime for the Protection of well known Trademarks 1.1 Protection of well known trade marks under Paris Convention 1.2 Protection of well known trademarks under TRIPS 1.3 WIPO Joint Recommendation for well known trademarks Chapter 2. Protection of well known trademarks in Italy Chapter 3. Protection of well known trademarks in Pakistan Chapter 4. Protection of well known trademarks in Uzbekistan Chapter 5. A comparative analysis Conclusions protection trademark brand Introduction Well-known international trademarks such as Coca-Cola, Microsoft, IBM and Google surpass the boundary of marks known only in single countries. It is now generally accepted that these well-known marks should be given protection against later registration by third parties - although laws to offer this protection are still being developed. The definition and protection of well-known trademarks is still a grey area internationally. Despite general recognition that protection should be given to well-known marks, the national laws implementing the Paris Convention Art 6 Bis at present give variable protection depending upon jurisdiction. Well-known trademarks have been a legal concept that requires interpretation by the authorities of the country in which protection is sought. Its protective scope depends on the authorities’ objective of protection of well-known trademarks. Mass media, telecommunications, travels and advertising promotion make people become familiar with the trademarks in other countries. Especially the extensive, skillful and modern advertising promotion can bring the high reputation to the owners. The effects of well-known trademarks extend to unrelated field in comparison with the original goods or services the trademarks are used. However, the trademark piracy and unfair use affect the owner of well-known trademark to expand their business activities under those marks in other jurisdiction. For the sake of the protection of consumers’ interests and trademark owner’s reputation, the enhanced protection of well-known trademarks has become the international trend. Some trade marks are so well known that their fame transcends the bounds of normal trademark law. A strong and famous brand may give unrelated firms incentives to choose a free riding strategy to exploit the full potential of the brand: a small producer of skis might, for example, be interested in using the FERRARI brand for the launch of a new product line. Free riding may, in turn, generate negative spillover effects that may derive from a free riding strategy on a famous trademark. In reality, the defense of the extended protection of strong trademarks may be to a great extent based on the likelihood that free riding practices dilute the promotional value of a trademark. The rationale behind the extension of protection to include principles of antidilution and prohibitions against free riding has been clear to both courts and commentators from the very beginning. When a trademark may be perceived as strong because it possesses a distinctive character or is famous, then its value is endangered by unauthorized uses by a non-related third party; this is true even though consumers may not be misled. Rather than aim merely to protect against confusion as to the origin of goods, these extended protections are intended to avoid dilution of the promotional value of trademarks and the misappropriation of the capital of publicity invested in trademarks. As a result, protections are now afforded to trademarks where they formerly might not have been. The trademark ROLLS-ROYCE can now be protected, for example, in most jurisdictions against its use as sign for a pub even if no consumer would be misled into believing that the trademark owner had branched off into pub franchises or that there is an association with or sponsorship of the pub by the luxury car manufacturer. For a finding of infringement, confusion as to the origin of goods is no longer required. It is sufficient that consumers establish some sort of link between the junior sign and the senior one, and such a link may be established even if the goods are comparatively remote. However, even though a trademark has acquired the position of a globally well known trademark it cannot be said that their goods or services are actually supplied to the market in every country and in addition, this also does not mean that these trademarks are registered in every country throughout the world. Therefore, in the case such a trademark happens to be imitated or pirated in a country in which it is not registered or used yet, namely when a trademark identical or similar to such a well-known or famous trademark is applied for registration or begun to be used by an unrelated third party, the Trademark Office or Court of that country is confronted with complex legal issues in order to deal with this situation. Moreover in the case a third party applies for registration of t