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Cover Art
Author Port, Kenneth L.

Title Japanese trademark jurisprudence / by Kenneth L. Port.

Published London ; Boston : Kluwer Law International, 1998.


Location Call No. Status
 UniM Law  KT 4646 PORT    AVAILABLE
Physical description xix, 183 pages : illustrations ; 25 cm
Bibliography Includes bibliographical references (pages 166-176) and index.
Contents 1. Introduction -- 2. The Conceptual Origin of Japanese Trademark Jurisprudence -- 3. Definition of a Trademark -- 4. Objective of the Trademark System -- 5. Acquisition of Trademark Rights -- 6. Validity of Trademark Rights (Registrability) -- 7. Infringement of the Trademark Right -- 8. Loss of Trademark Rights (Suits for Cancellation or Invalidation) -- 9. The Trademark Amendment Act of 1996 -- 10. Conclusion -- App. The Trademark Law, Law No. 127 of 1959 (incorporating the Trademark Revision Act of 1996).
Summary In this comprehensive study of the Japanese trademark law system, the author presents the view of trademark rights in Japan as articulated in the relevant statutes and by Japanese courts and commentators. Relying on nearly 200 judicial opinions, nearly 200 books and law review articles, and the author's own translation of the Japanese Trademark Law, the author argues that trademark law as enforced by Japanese courts is a very sophisticated and well-developed field of law - far more advanced than is generally supposed by those outside Japan. This book has three primary theses, all of them controversial. First, Professor Port argues that Japanese courts are rather paternalistic in protecting trademark owners, both from Japan and from foreign countries. Second, this book argues that Japanese trademark owners are extremely rights conscious and Japanese courts clearly recognize and protect these rights as corporations compete.
Finally, this book shows the very broad scope of trademark protection in Japan.
Subject Trademarks -- Law and legislation -- Japan.
ISBN 9041107010