Limitations of trademark rights in major Asian jurisdictions
Amid rapid economic growth in Asia, the protection of intellectual property (IP) has become increasingly important. However, there is a shortage of comparative literature on Asian IP, and there is even less dealing with Asian trademark laws.Given the size and importance of Asia’s bustling trademark...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2023
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/4369 |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | Amid rapid economic growth in Asia, the protection of intellectual property (IP) has become increasingly important. However, there is a shortage of comparative literature on Asian IP, and there is even less dealing with Asian trademark laws.Given the size and importance of Asia’s bustling trademark landscape, this chapter is dedicated to trademark laws in the major Asian jurisdictions of China, India, Japan, Korea, Malaysia, the Philippines, Singapore and Taiwan. It will focus on the limitations on trademark rights, in part to contrast the statement “the issue (exhaustion–added by the author) has come to be addressed by legislatures and courts in a restrictive manner,” and “[g]iven how restrictive most jurisdictions’ laws on exhaustion have become. It starts with a survey of the Asian trademark landscape, and then explores four crucial limitations on trademark rights in these jurisdictions: international exhaustion, prohibition of abuse of trademark rights, fair use, and unique defences against the award of damages. Also explored are new limitations on trademark rights adopted in the major Asian jurisdictions. |
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