Trade Mark Rights and Parallel Importation in the European Union

Dr. Özgür Arıkan



Yayın No: 578
ISBN: 978-605-152-330-9
Basım Tarihi: 2016 Mart
Baskı: 1. b.
Sayfa Sayısı: XIX + 262 s.
Liste Fiyatı: 27.50 TL
   
Boyut: 16,0 x 23,5 cm.
Cilt: Amerikan Cilt
Kağıt: 80 gr 1. Hamur
Resim:     İçindekiler:     
Dağıtım ve Satış Noktaları

This book was submitted as a thesis with the title of "The Expansion of Trade Mark Protection under Article 5 (1) (a) of the European Trade Mark Directive and Its Impact on Parallel Importation" to the University of Manchester for the degree of Doctor of Philosophy in the School of Law, the Faculty of Humanities. It was found successful by the examiners Prof. Norma Dawson and Hazel Carty and I was awarded the Ph.D. on February 2015. This book examines the recent developments in the European trade mark rights and its impact on the European Exhaustion doctrine. The European trade mark law is governed by the Trade Mark Directive to approximate the laws of the Member States of the European Union relating to trade marks (DIRECTIVE 2008/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008). This book focuses on the developments of trade mark rights given under Article 5(1) (a) of the Trade Mark Directive and its impact on the exhaustion of trade mark rights within the European Economic Area which is regulated under Article 7 of the Trade Mark Directive. It is important to note that the DIRECTIVE (EU) 2015/2436 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 to amend the current Trade Mark Directive has been approved by the European Parliament but the legislative process is not effectively over yet (should be completed in mid-2016). As the substance of this book will not be affected by the amendment, it may be guidance for understanding the before and after arguments going on around clarifying the scope of the trade mark protection in the Directive. Turkey is one of the candidate countries for the European Union. Turkey applied to join what was then the European Economic Community in 1987, and was declared eligible to join the European Union in 1997. Accession negotiations started in 2005. Intellectual property law is one of those negotiation chapters. Therefore, I thought publishing my Ph.D. thesis as a book can be useful for IP authorities, scholars, judges, practitioners and students in Turkey so as to follow the recent developments in European trade mark law as well as the ones in Europe.

TABLE OF CONTENTS
TABLE OF STATUTES
TABLE OF CASES
Chapter 1
Introduction
1.1. Research Background
1.2. Aims of Research
1.3. Research Methodology
1.4. Research Structure
Chapter 2
Origin Function of Trade Mark
2.1. Introduction
2.2. Definition of Trade Mark
2.3. Origin Function of Trade Mark
2.3.1. Pre-Industrial Period
2.3.1.1. Ancient Times
2.3.1.2. Medieval Times
2.3.2. Industrial Period
2.3.2.1. Emerge of Modern Trade Mark Law
2.3.2.2. The Evolution of Origin Theory: from physical origin to commercial origin
2.3.3. Post-Industrial Period
2.4. Conclusion
Chapter 3
Economic Functions of a Trade Mark
3.1. Introduction
3.2. Quality Guarantee Function
3.3. Communication, Investment and Advertising Functions
3.4. The Economics of a Trade Mark: Search Costs Theory
3.5. Trade Mark As a source of Emotional and Social Satisfaction
3.6. Conclusion
Chapter 4
Protection of Trade Mark
4.1. Introduction
4.2. Using in the Course of Trade
4.3. Using an Identical Sign
4.4. Using Identical Products
4.5. Conclusion
Chapter 5
Parallel Importation
5.1. Introduction
5.2. Parallel Importation
5.3. European Exhaustion Doctrine
5.3.1. Development of the Doctrine before the Trade Mark Directive
5.3.2. Development of the Doctrine after the Trade Mark Directive
5.4. Repackaging Issue and Legitimacy
5.5. Rebranding Issue and Legitimacy
5.6. Relabeling Issue and Legitimacy
5.7. Use of the Trade Mark as an Advertising or Promotional Device and Legitimacy
5.8. The Existence of Market Partitioning
5.9. Repacking Not Affecting the Original Condition of the Product
5.10. Indications of Who Repackaged
5.11. Protection of the trade mark reputation
5.12. Notice to the trade mark owner
5.13. Conclusion
Chapter 6
Conclusion
6.1. Research findings in relation to the expansion of the trade mark protection under Article 5(1) (a) of the TMD
6.2. Research findings in relation to the impact of the expansion on the parallel importation
Bibliography

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