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.
TABLE OF CONTENTS
part 1|21 pages
Introduction
part 2|45 pages
Use of trademarks/likelihood of confusion on the Internet
chapter 3|11 pages
Google’s keyword advertisement in Taiwan
part 3|46 pages
Application of market survey in solving trademark disputes
chapter 7|11 pages
Market survey in Malaysia
chapter 9|10 pages
Three-dimensional shape of Coca-Cola bottles registrable
part 4|104 pages
Limitation of trademark rights
chapter 10|12 pages
International exhaustion in Singapore
part 5|94 pages
Protection of well-known marks
chapter 26|11 pages
Unregistered well-known trademark owner accused of infringement in Japan
part 6|94 pages
Infringement and damages
chapter 29|11 pages
Exclusive licensee’s rights in Singapore
chapter 33|11 pages
Measure of damages for infringement in Malaysia
part 7|46 pages
Jurisdiction and applicable law in trademark litigation