ABSTRACT

There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development.

The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance.

Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

part 1|21 pages

Introduction

part 3|46 pages

Application of market survey in solving trademark disputes

chapter 7|11 pages

Market survey in Malaysia

An impracticable and undesirable way to adduce evidence in trademark lawsuit

chapter 9|10 pages

Three-dimensional shape of Coca-Cola bottles registrable

Acquired distinctiveness evidenced by questionnaire in Japan

part 4|104 pages

Limitation of trademark rights

chapter 10|12 pages

International exhaustion in Singapore

Broad interpretation of “put on the market”, yet offer for sale excluded

part 5|94 pages

Protection of well-known marks

chapter 26|11 pages

Unregistered well-known trademark owner accused of infringement in Japan

Abuse of right defence after five-year invalidation period

part 6|94 pages

Infringement and damages

chapter 29|11 pages

Exclusive licensee’s rights in Singapore

Contractual and not proprietary against owners of marks

chapter 33|11 pages

Measure of damages for infringement in Malaysia

Lost profits (~profit margin) times loss of sales

chapter 34|15 pages

Damages for trade mark infringement in Singapore

Getting what one deserves?