WELL KNOWN TRADEMARK CONEPTPDF电子书下载

Chapter Ⅰ Introduction 1

Chapter Ⅱ A Brief Historical Overview-Trademark 5

1.History of"Trade Mark" 5

2.Development of Trade Mark Law in England 9

3.Development of Trade Mark Law in India 16

4.International treaties over trademark protection 23

A Paris Convention for the Protection of Industrial Property(1883) 23

B Madrid Agreement concerning the international registration of marks (1891) 25

C The Madrid Protocol (1989) 27

D The Trademark Law treaty (1994) 28

E TRIPs Agreements (1995) 29

Chapter Ⅲ Meaning and Concept of "Trade Mark" and "Well-Known Trade Mark" 33

1.Meaning and Concept of"Trade Mark" 33

A Statutory definition of Trade Mark 35

B Essential features of trade marks 36

"Collective Mark" and "Certification Trade Mark" 46

2.Meaning and Concept of Well known trade mark 49

A Special characters of the well-known trade mark 51

3.Function of Trade Mark 51

4.Economic value of Trade Marks 53

Chapter Ⅳ Recognition and Protection of Well-known Trade Mark under International Treaties 56

1.Paris Convention 56

2.TRIPs Agreement 59

A Criteria of recognition of well known mark 62

B Relevant Sector of the Public 63

C Factors not to be considered 64

D Inference of bad faith 65

Chapter Ⅴ Recognition and Protection of Well-known Trade Mark in India 66

1.Recognition of well-known trade mark and Protection given to it under the Trade Mark Act-1999 66

A Determination of a 'well-known trade mark' 66

B Protection given to a well-known trade mark 70

2.Recognition under case law 77

Chapter Ⅵ Implications of Recognition of Well-known Trade Mark 98

A Technology Transfer 99

B Foreign Investment and Industrialization 100

C Encouraging 'Brand Competition 101

D Promoting advertising industries 101

E Preventing Free-Riding 102

F 'Counterfeit Economy' not in the national interest 102

G "Exhaustion Doctrine" and Problem of"Parallel Import" 103

H Encouraging innovative activities 105

I Quality control not mandatory for proprietor 105

J Licensing without quality control-No action against proprietor 106

K Appeal of Foreign Trade Marks and quality control 107

L Goodwill of trade mark and the license 108

M The problem of Coca-Colonization 108

N Criteria of Well-known trade mark: strong for domestic traders 109

Chapter Ⅶ Conclusion and Suggestions 110

Bibliography 118