The Law and Practice of Trademark Transactions
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The Law and Practice of Trademark Transactions: A Global and Local Outlook

The Law and Practice of Trademark Transactions: A Global and Local Outlook

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About the Book

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms.Key features include: A comprehensive overview of legal and policy-related issues A blend of approaches underpinning strategic considerations with analytical rigour Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field. Contributors: L. Anderson, N. Binctin, G. Bühler, R. Burrell, I. Calboli, C. Czychowski, L. Dal Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo, M. Handler, M. Höpperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F. Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S. Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. Yokomizo

Table of Contents:
Contents: Foreword: Sir. Robin Jacob Introduction: Irene Calboli and Jacques de Werra PART I: TRADEMARK TRANSACTIONS IN THE GLOBAL MARKETPLACE A. International Framework 1. TRIPS, Trademarks, and Trademark Transactions: A Forced Reconciliation? Daniel J. Gervais 2. Trademark Transactions and the Normative Framework of the World Intellectual Property Organization Marcus Höpperger B. Strategic Considerations 3. Licensing Commercial Value: From Copyright to Trademarks and Back Jane C. Ginsburg 4. The Complexities of Domain Names Transactions: Contracts for a Market Where Value Increases with Time Cédric Manara 5. How to Make Two Out of One – the Ins and Outs of Trademark Portfolio Splitting Transactions Gregor Bühler and Luca Dal Molin 6. Competition, Markets, and Trademark Transactions Shubha Ghosh C. Valuation, Taxation, Security Interests and Bankruptcy 7. Brand Differentiation and Industry Segmentation—Drivers for Trademark Valuation in Corporate Transactions Roy P. D’Souza 8. Trademark Transactions and International Tax Strategies Jean-Frédéric Maraia 9. Registering Security Interests Over Trademarks in Australia: Theory and Practice Robert Burrell and Michael Handler 10. The Intersection of Trademarks, Licenses and Bankruptcy: Ending Uncertainties in the Law Xuan-Thao Nguyen D. Dispute Prevention and Settlement Mechanisms 11. Out of the Shadows: The Unique World of Trademark Consent Agreements Neil Wilkof 12. Choice-of-Court and Choice-of-Law Clauses in International Trademark Transactions Dai Yokomizo 13. Alternative Dispute Resolution Mechanisms for solving Trademark Disputes (Mediation, UDRP, Arbitration) Jacques de Werra PART II: TRADEMARK TRANSACTIONS AT THE REGIONAL AND NATIONAL LEVEL A. Trademark Transactions in Europe 14. Trademark Transactions in EU Law: Refining the Approach to Selective Distribution Networks and National Unfair Competition Law Martin Senftleben 15. UK Perspectives on Trademark Transactions: A Liberal Approach Laura Anderson 16. Trademark Transactions in Germany: A Continental European System Moves Towards Common Understanding with the US Axel Nordemann and Christian Czychowski 17. French Perspectives on Trademark Transactions: from the Civil Code to the Business Law? Nicolas Binctin B. Trademark Transactions in North and South America 18. Trademark Transactions in the United States: Towards a De Facto Acceptance of Trading In Gross? Irene Calboli 19. New Dress Code for Business Transactions in Brazil: Essentials and Peculiarities of Trademarks in the Spotlight José Carlos Vaz e Dias C. Trademark Transactions in Asia 20. Chinese Trademark Law and Trademark Transactions: A Law in Transition in the Global Economy He Guo 21. Japanese Perspectives on Trademark Transactions: Is Expansive Trademark Practice Prevailing Over the Conservative Stoicism? Shinto Teramoto 22. Trademark Transactions in ASEAN: Convergences and Divergences in Emerging Markets Susanna H.S. Leong 23. Trademark Transactions in India: Exploring the Genre, Scope and Consequence Raman Mittal Index


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Product Details
  • ISBN-13: 9781783472123
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 244 mm
  • No of Pages: 680
  • Width: 169 mm
  • ISBN-10: 178347212X
  • Publisher Date: 20 Feb 2016
  • Binding: Hardback
  • Language: English
  • Sub Title: A Global and Local Outlook


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