chapter  1
19 Pages

Features of trademark laws and cases in major Asian jurisdictions

WithKung-Chung Liu

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book provides some snapshots by choosing and analysing some of the key principles that best reflect Asian features, by focusing on the following topics: “use of trademarks/likelihood of confusion on the Internet”, “use of market survey evidence in solving trademark disputes”, “infringement and damages”, and “choice of jurisdiction and applicable law in trademark litigation”. Trademark law is probably the most internationally harmonised area of intellectual property law, with more than a dozen international treaties and agreements signed. In sharp contrast to the wide adoption of the international exhaustion principle as a way of limiting trademark rights, “fair use” as an overarching trademark infringement defence which serves to protect public interests and market competition is not widely accepted or used in Asia, and remains mostly an academic topic.