Advanced

Recent Issues in Trademark Adjudication in Japanese Courts

Greatrex, Roger LU (2020) In Economic Studies on Asia 16. p.311-326
Abstract
This paper principally concerns the fundamental issue in Japanese trademark legislation, namely that of confusion (kondô). After briefly passing over the development of trademark law in Japan, the paper presents the key articles in the Trademark Law that deal with the issue in hand. Thereafter the paper presents a number of cases heard by the Intellectual Property High Court, and provides cursory examination of some of the features of the cases. Given the inescapable prolixity – in the interest of clarity – found in many discursive essays, the author feels the need in the present celebratory volume to hurry the proceedings along, and concludes with a comment regarding the inevitable influence of steadily increasing market dispersion on... (More)
This paper principally concerns the fundamental issue in Japanese trademark legislation, namely that of confusion (kondô). After briefly passing over the development of trademark law in Japan, the paper presents the key articles in the Trademark Law that deal with the issue in hand. Thereafter the paper presents a number of cases heard by the Intellectual Property High Court, and provides cursory examination of some of the features of the cases. Given the inescapable prolixity – in the interest of clarity – found in many discursive essays, the author feels the need in the present celebratory volume to hurry the proceedings along, and concludes with a comment regarding the inevitable influence of steadily increasing market dispersion on measuring confusion, or at least the apprehension that confusion may arise (kondo o shôzuru osore ga aru), to borrow a watchword found in Article 64 of the Trademark Law. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Japan, Trademarks, Tokyo High Court, 2019, Confusion
host publication
Firms, Institutions, and the State in East Asia : A Festschrift in Honour of Werner Pascha - A Festschrift in Honour of Werner Pascha
series title
Economic Studies on Asia
editor
Storz, Cornelia and Taube, Markus
volume
16
pages
15 pages
publisher
Metropolis Verlag
ISBN
978-3-7316-1428-9
978-3-7316-1451-7
language
English
LU publication?
yes
id
59b26062-7d55-41f1-80b1-48e57c808e2f
date added to LUP
2021-01-17 16:33:13
date last changed
2021-02-09 14:46:34
@inbook{59b26062-7d55-41f1-80b1-48e57c808e2f,
  abstract     = {This paper principally concerns the fundamental issue in Japanese trademark legislation, namely that of confusion (kondô). After briefly passing over the development of trademark law in Japan, the paper presents the key articles in the Trademark Law that deal with the issue in hand. Thereafter the paper presents a number of cases heard by the Intellectual Property High Court, and provides cursory examination of some of the features of the cases. Given the inescapable prolixity – in the interest of clarity – found in many discursive essays, the author feels the need in the present celebratory volume to hurry the proceedings along, and concludes with a comment regarding the inevitable influence of steadily increasing market dispersion on measuring confusion, or at least the apprehension that confusion may arise (kondo o shôzuru osore ga aru), to borrow a watchword found in Article 64 of the Trademark Law.},
  author       = {Greatrex, Roger},
  booktitle    = {Firms, Institutions, and the State in East Asia : A Festschrift in Honour of Werner Pascha},
  editor       = {Storz, Cornelia and Taube, Markus},
  isbn         = {978-3-7316-1428-9},
  language     = {eng},
  pages        = {311--326},
  publisher    = {Metropolis Verlag},
  series       = {Economic Studies on Asia},
  title        = {Recent Issues in Trademark Adjudication in Japanese Courts},
  volume       = {16},
  year         = {2020},
}