The article reports on some judgments of the European Court of Human Rights applying the principles of the European Convention on Human Rights in respect of trademarks. The first group of cases relates to the freedom of expression (Art 10). In the cases Tokaji, Marlboro and McDonald’s, the applicants referred to this principle to defend their actions related to the trademark. The second kind of cases relate to the protection of property (Protocol No. 1). In the case of Budweiser the European Court took the position in favor of applying this rule to a trademark application. The third group of cases relates to the right to a fair trial (Art. 6). According to reports on the Orient and McDonald’s cases, the national courts committed important procedural faults. The conclusion of the author is that trademark rights can be protected by means of human rights only in exceptional circumstances.
section 27(4) of the Trademark Act, as amended in 2005, provides enforcement against intermediaries whose services are used by a third party (that is usually the infringer itself) for the infringement. In the HYUNDAI case the registrars of the domain names, trusted by the resellers of cars having formerly been members of the HYUNDAI commercial chain in Hungary, were sued together with the resellers for the reason that they did not cancel the registration of the domain names after the commercial chain had been ceased. The Hungarian courts of first and second instance built their judgements on the ECJ’s BMW judgement (C-63/97). Emphasis is given also on a case relating to infringement by an operator of an Internet home page, as the latter was condemned by the Hungarian Court of first instance for not complying with the Act on Electronic Commerce. Nevertheless, the court of second instance condemned him not therefore but for the tort in respect of the provisions of the Civil Code, e.g. for injury of reputation. Finally, the article is closed by an outlook on ideas on the development of EC law relating to liability of intermediaries.
An intellectual property (IP)-centric, communication-based Innovation Agenda is proposed and investigated. The agenda, which
is aligned with IP legal prescription, is defined as follows: the firm’s R&D expenditure is captured within products. The
firm applies for a patent and files a trademark to protect its interests in the ‘patentable’ product, and issues a media communication,
which may alter the perception of future cash flows, and thereby market price. Upon patent issuance and trademark registration,
the firm will then seek another media communication. Spearman (partial) correlation analysis shows strong correlation among
the various proxy metrics suggesting that the model basis may exist. The model proposes a novel link among national socioeconomic
metrics, corporate strategy, and the technology based innovative firm. Finally, the model supports the inclusion of trademark
and media communications data to be considered in socioeconomic modeling.
biotechnology retrieved from the United States Patent and Trademark Office (USPTO) database. Utility patents refer to invents or discovers of new and useful process, machine, article of manufacture, or composition of matter, or new and useful improvement thereof
The paper presents results of studies which are connected with the establishment and development of quality trademarks (labels) of food products and of organically produced food products in Latvia. Also the place and importance of the food sector in total, and organic production in particular, is accented. The interpretation of EU quality mark is done and possibilities to obtain EU labels to Latvian food products are outlined At present there are two types of trademarks (labels) of food which are connected with the origin of product in Latvia: trademark “Quality Product”for quality food products which contain 75% of national or regional raw materials; trademark “Latvia's Eco-product”for organically produced products; and philosophical brand for food products “Growing green in Latvia”.
Authors:Xia Gao, Jiancheng Guan, and Ronald Rousseau
1985 and 2007. Inventor information associated with U.S. patent grants was directly derived from the inventor file 2 in the multi-file DVD-ROM purchased by the authors from the U.S. Patent and Trademark Office. Every record includes the patent number
Data and methodologies
Data selection: the USPTO patent database
The patent data were retrieved from the United States Patent and Trademark Office (USPTO) granted patent database and downloaded from an online site ( http
Authors:Felix Chan, Dora Marinova, and Michael McAleer
The paper analyses the asymmetric volatility of patents related to pollution prevention and abatement (hereafter, anti-pollution) technologies registered in the USA. Ecological and pollution prevention technology patents have increased steadily over time, with the 1990's having been a period of intensive patenting of technologies related to the environment. The time-varying nature of the volatility of anti-pollution technology patents registered in the USA is examined using monthly data from the US Patent and Trademark Office for the period January 1975 to December 1999. Alternative symmetric and asymmetric volatility models, such as GARCH, GJR and EGARCH, are estimated and tested against each other using full sample and rolling windows estimation.
The first part of the article sets out from underlining the importance of labeling quality agricultural and food products. After a brief overview of the related EU and Slovenian regulation, it introduces Slovenian trademarks. This is followed by listing those 30 products that have already won the label. The second part of the study deals with the presentation of a definite traditional Slovenian meat-based product: Zgornjesavinjski želodec - having been first to receive PGI denomination. The authors also analyse its demand-supply relations and marketing possibilities, pointing out the dilemma of either satisfying expanding market demand or keeping production to quality.