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A Welcoming Posture: Trade Marks Law Giving Protection For Overlaps With Industrial Designs
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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A Welcoming Posture: Trade Marks Law Giving Protection For Overlaps With Industrial Designs There is an argument to the effect that one of the tasks of modern trade marks law is to prevent the law being used to give perpetual monopolies for what are actually industrial designs. I am going to argue for a point of view that the idea in question is prejudicial, and the discretions would only be made according to the law. The article takes four steps to draw the conclusion. First of all, introduce and compare the trade marks and industrial designs, which followed a brief conclusion that separate regulation is the general rule while the overlaps are reasonable. Secondly, analyses the purposes and rationales of two generics of right which reveal the differences and overlaps between two laws, and explain that the overlaps are due to firstly the dual nature of industrial designs as both functional and...
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