Trademarks

Document Type

Book Section

Publication Date

12-2023

ISBN

9781839105593

DOI

https://doi.org/10.4337/9781839105609.trademarks

Abstract

Trademarks are one of the most economically valuable intangible business assets and most traders seek to market their products beyond national borders. However, the legal protection of trademarks remain territorial so to resolve the tension between the need to trade products across borders and the principles of territoriality and national sovereignty, national trademark laws have been largely harmonized through several multilateral treaties. This entry to the Encyclopedia on Comparative Law offers a summary of the most relevant treaties in this area, which are administered today by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). In particular, it elaborates on the trademark provisions of the Paris Convention for the Protection of Industrial Property (Paris Convention), the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS), and the WIPO-administered post-TRIPs international legal instruments. This short paper also describes the current international framework of the substantive standards and administrative requirements utilized to facilitate national trademark registrations.

First Page

499

Last Page

508

Num Pages

10

Publisher

Edward Elgar Publishing

Editor

Jan M. Smits, Jaakko Husa, Catherine Valcke, & Madalena Narciso

Book Title

Elgar Encyclopedia of Comparative Law

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