Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to ...
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The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This book attempts to provide practical legal research to both explore the ingredients of all these torts — both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood, and passing off) — and their rationales. In addition, an optimum framework for these torts is suggested. However, that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. These decisions and the conflict of policy that appears to lie behind them reveal different agendas for the future development of the general economic torts. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. The thesis of this book remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.Less
The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This book attempts to provide practical legal research to both explore the ingredients of all these torts — both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood, and passing off) — and their rationales. In addition, an optimum framework for these torts is suggested. However, that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. These decisions and the conflict of policy that appears to lie behind them reveal different agendas for the future development of the general economic torts. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. The thesis of this book remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
Ho-Hyun Nahm
- Published in print:
- 2015
- Published Online:
- March 2021
- ISBN:
- 9780199663163
- eISBN:
- 9780191932748
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199663163.003.0031
- Subject:
- Law, Intellectual Property, IT, and Media Law
Trademark rights in Korea are based on registration. The Trademark Decree was promulgated in 1908 and the Trademark Act was firstly enacted and enforced on November 28, 1949. Since that time, the ...
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Trademark rights in Korea are based on registration. The Trademark Decree was promulgated in 1908 and the Trademark Act was firstly enacted and enforced on November 28, 1949. Since that time, the Trademark Act has been amended 39 times, with the most recent amendment on June 11, 2014 (this amendment took effect as of June 11, 2014). The Trademark Act is composed of ten chapters divided into General Provisions, Requirements and Application for Trademark Registration, Examination, Trademark Registration Fees and Trademark Registration, Trademark Rights, Protection of Owners of Trademark Rights, Trial, Retrial and Litigation, International Application under the Protocol, and Supplementary Provisions.
Less
Trademark rights in Korea are based on registration. The Trademark Decree was promulgated in 1908 and the Trademark Act was firstly enacted and enforced on November 28, 1949. Since that time, the Trademark Act has been amended 39 times, with the most recent amendment on June 11, 2014 (this amendment took effect as of June 11, 2014). The Trademark Act is composed of ten chapters divided into General Provisions, Requirements and Application for Trademark Registration, Examination, Trademark Registration Fees and Trademark Registration, Trademark Rights, Protection of Owners of Trademark Rights, Trial, Retrial and Litigation, International Application under the Protocol, and Supplementary Provisions.
