Japanese Trademark Jurisprudence - Kenneth L. Port

Japanese Trademark Jurisprudence

By: Kenneth L. Port

Hardcover | 1 April 1998

At a Glance

Hardcover


$315.47

or 4 interest-free payments of $78.87 with

 or 

Aims to ship in 7 to 10 business days

Competing in Japan has serious potential value. Yet Japanese trademark law is surprisingly understudied. In this unique, comprehensive examination, Professor Port sets out trademark rights in Japan as articulated in the relevant statutes and by Japanese courts and commentators.

A practitioner and professor of trademark law himself, Professor Port relies on nearly 400 judicial opinions, books, and law review articles as well as his own translation of the as-amended Japanese Trademark Law to argue the surprisingly developed and sophisticated nature of Japanese trademark law.

Japanese Trademark Jurisprudence has three primary, controversial theses:

  • Though often considered structural impediments to Japanese free markets, the Japanese courts are actually paternalistic in their protection of trademark owners, both from Japan and from foreign countries. Rather than permit the harsh effect of a literal statutory reading, Japanese courts have created judicial rules or doctrines.
  • Japanese trademark owners are extremely rights-conscious and Japanese courts recognize and protect these rights as corporations compete. Thus, contrary to popular belief, culture does not dictate Japanese trademark law; the Japanese zealously litigate trademark rights to compete for market share.
  • The scope of trademark protection in Japan is broad. The Japanese trademark system confers property status on trademarks themselves, something the American system does not do. As a result, though trademarks may be more difficult to obtain, the scope of protection proves greater than once believed and significantly more difficult to divest.

    This work provides an important view of this largely unexamined field both for academics, particularly in the area of intellectual property, and for practitioners advising companies or persons considering competing in Japan.

  • More in Commercial Law

    Construction Law in Australia : 4th Edition - Ian Bailey

    RRP $160.00

    $121.75

    24%
    OFF
    Business and Corporations Law : 5th Edition - Jeffrey Fitzpatrick

    RRP $147.99

    $118.80

    20%
    OFF
    Law of Commerce, 2nd edition - Alex Wan

    RRP $145.00

    $125.75

    13%
    OFF
    Commercial Applications of Company Law 2022 : 23rd Edition - Pamela Hanrahan
    Company Law : 2nd Edition - An Interactive Approach - Ellie (Larelle) Chapple

    RRP $120.95

    $106.50

    12%
    OFF
    An Outline of the Law of Partnership : 5th Edition - Stephen Graw

    RRP $122.00

    $95.25

    22%
    OFF
    Business and the Law : 7th Edition - Andrew Terry

    RRP $170.01

    $128.35

    25%
    OFF
    Company Law : 3rd Edition - Ellie (Larelle) Chapple

    RRP $124.95

    $109.75

    12%
    OFF
    Concise Australian Commercial Law : 7th Edition - Clive Turner

    RRP $136.00

    $104.95

    23%
    OFF
    Miller's Australian Competition Law & Policy 3rd Edition - Russell V. Miller
    Luck of the Draw : A gorgeous and heartwarming romance - Kate Clayborn
    Business Law : 6th Edition - Nickolas James

    RRP $169.95

    $144.90

    15%
    OFF
    Business Law : 3rd Edition - Nutshell (for Australia) - Andy Gibson
    Social Media and Electronic Commerce Law : 2nd Edition - Alan Davidson
    Commercial Applications of Company Law 2019 : 20th edition - Pamela Hanrahan
    Consumer Law and Policy in Australia and New Zealand - Justin Malbon
    Australian Commercial Law - Dilan Thampapillai

    RRP $132.95

    $108.25

    19%
    OFF
    Australian Finance Law : 7th edition - King & Wood Mallesons

    RRP $201.95

    $200.80

    Annotated Franchising Code of Conduct - Giles

    RRP $113.00

    $100.50

    11%
    OFF