Japanese Trademark Jurisprudence

Japanese Trademark Jurisprudence

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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.Therefore, trademark owners often registered several associated marks that could have been used by competitors to get close to but technically infringe the main mark. As an illustration, consider the marks nissan and sentra. The owner of anbsp;...

Title:Japanese Trademark Jurisprudence
Author: Kenneth L. Port
Publisher: - 1998-01-01

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