Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
21 - Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
from A - Intellectual “Property” and its Limits
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
It has been, and is, quite frequent practice for a firm, producing goods directed at different national markets, to label them with different trade marks. Sometimes there is no alternative to this practice, as when the trade mark registered in one country cannot be used in other countries. This might arise, for example, when a trade mark consisting of one word has, in the language of other countries, a commercially unacceptable meaning, or when a trade mark used in one country is already in the hands of somebody else in other countries or is susceptible of confusion with a pre-existing trade mark in other countries. Sometimes this practice is only the fruit of specific events, like mergers of previously independent structures. Sometimes the firm intentionally seeks to keep separate markets, so as to exploit the possibility of different prices and thus achieve globally higher profits.
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- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 263 - 271Publisher: Cambridge University PressPrint publication year: 2021