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Joint Recommendation Concerning Provisions on the Protection of Marks, and other Industrial Property Rights in Signs, on the Internet

Torsten Bettinger

in Domain Name Law And Practice: An International Handbook

The ‘Joint Recommendation Concerning Provisions on the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet’ was adopted on October 3, 2001, by the General Assembly ... More

The ‘Joint Recommendation Concerning Provisions on the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet’ was adopted on October 3, 2001, by the General Assembly of WIPO and the Assembly of the Paris Union for the Protection of Industrial Property. It presents a comprehensive model for resolving international trademark conflicts, as well as proposals concerning the conditions for the acquisition and maintenance of trademark protection, on the basis of acts of use on the Internet. Less

Japan (‘.jp’)

Makoto Hattori and Nodoka Nakamura

in Domain Name Law And Practice: An International Handbook

Two types of trademarks are protected under Japanese law: (1) trade and service marks, protected by the Trademark Act and the Unfair Competition Prevention Act1 (hereinafter the UCA); and (2) ... More

Two types of trademarks are protected under Japanese law: (1) trade and service marks, protected by the Trademark Act and the Unfair Competition Prevention Act1 (hereinafter the UCA); and (2) business names, protected by the Companies Act, the Commercial Code, and the UCA. Less

Germany (‘.de’)

Torsten Bettinger

in Domain Name Law And Practice: An International Handbook

Disputes arising under trademark and competition law owing to the registration and use of domain names have become commonplace in German courts. Following a phase of widespread legal uncertainty, ... More

Disputes arising under trademark and competition law owing to the registration and use of domain names have become commonplace in German courts. Following a phase of widespread legal uncertainty, in the meantime the core problems of domain names under trademark and competition law have been resolved. There are more than 50 judgments from the German Federal Supreme Court (BGH) and a multitude of decisions from the courts of the lower instances in disputes concerning domain names. Less

The Republic of Korea (‘.kr’)

Ho-Hyun Nahm

in Domain Name Law And Practice: An International Handbook

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 ... More

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

Italy (‘.it’)

Philipp Fabbio

in Domain Name Law And Practice: An International Handbook

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the ... More

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the scope of trademark protection. In doing so, they also consider interference with domain names that are used in the course of a business activity (nomi a dominio aziendali). Sections 118(6) and 133 deal with remedies for trademark infringements and make explicit reference to domain names as well. Besides these specific rules, conflicts before the Italian courts based on domain name registrations are to be resolved according to the general rules of trademark, competition, and civil law. Less

Switzerland (‘.ch’)

Gallus Joller

in Domain Name Law And Practice: An International Handbook

In Switzerland, the protection of distinctive signs is governed by the laws on trademarks, company names, names, and unfair competition. The following sets out these legal bases and the signs they ... More

In Switzerland, the protection of distinctive signs is governed by the laws on trademarks, company names, names, and unfair competition. The following sets out these legal bases and the signs they protect. Less

France (‘.fr’)

David Taylor

in Domain Name Law And Practice: An International Handbook

For a trade mark to enjoy protection in France, two substantive requirements must be met: first, the trade mark must be capable of being represented graphically, and secondly, the trade mark must ... More

For a trade mark to enjoy protection in France, two substantive requirements must be met: first, the trade mark must be capable of being represented graphically, and secondly, the trade mark must be capable of distinguishing the products or services of a natural or legal person. Less

Denmark (‘.dk’)

Knud Wallberg

in Domain Name Law And Practice: An International Handbook

The provisions of the laws on the exclusive rights in commercial designations and unfair competition law protection of signs can be applied separately or alongside each other without difficulty. ... More

The provisions of the laws on the exclusive rights in commercial designations and unfair competition law protection of signs can be applied separately or alongside each other without difficulty. Actions based on infringements are frequently based both on unfair competition law rules and on the other provisions under trademark law. Less

Poland (‘.pl’)

Justyna Ożegalska-Trybalska

in Domain Name Law And Practice: An International Handbook

Protection of industrial property in Poland, including trademarks, is governed by the Industrial Property Law (Ustawa prawo własności przemysłowej), dated 30 June 2000 (hereinafter the IPL).

Ireland (‘.ie’)

James Bridgeman

in Domain Name Law And Practice: An International Handbook

The Trade Marks Act 1996 (the Act of 1996)1 provides the statutory framework for the protection of Irish registered trade marks and Community Trade Marks (CTMs). At common law the goodwill of ... More

The Trade Marks Act 1996 (the Act of 1996)1 provides the statutory framework for the protection of Irish registered trade marks and Community Trade Marks (CTMs). At common law the goodwill of enterprises having unregistered marks is protected by the law of passing off which is not affected by the Act of 1996. Less