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CPD Course:
Transnational
Trademark Issues:
Observations
from a Century of
Budweiser Conflicts

Presented by
Dr. Danny Friedmann,
PhD, LLM, BBA,
Founder & Editor,
IP Dragon

Transnational Trademark Issues: Observations from a Century of Budweiser Conflicts
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Code: EVT000000015 Level: Intermediate
Date: 17 May 2014 (Saturday) (Amended) Language: English
Time: 14:30 - 17:45 Accreditation(s): LSHK 3.0 CPD Points
Venue: Request for Rerun:
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Presenter's Profile:
Dr. Danny Friedmann

Dr. Friedmann is an award winning researcher and lecturer of intellectual property law, with a particular interest in international economic law and the intersections between human rights law, intellectual property law, innovation and investment law, trade law and transnational law.

Before becoming research fellow, lecturer and tutor at CUHK, Danny Friedmann did his PhD at CUHK, and his LLM at the University of Amsterdam.  In his book 'Trademarks and Social Media' he calls for a paradigm shift of the trademark logo, towards algorithmic justice to reconcile the freedom of expression with the protection of the trademark logo, and an abandonment of the safe harbour provisions.  Dr. Friedmann is familiar with both civil and common law systems and has co-taught Intellectual Property and the Law and has taught lawyers about transnational trademark law.

Dr. Friedmann has authored and co-authored articles and book chapters that have been published in peer-reviewed law journals and books, such as J. INTELL. PROP. L. & P. (Oxford University Press), GRUR Int, BENELUX TRADE MARKS AND DESIGN RIGHTS BULLETIN and KLUWER INTERNATIONAL LAW.  His monograph 'Trademarks and Social Media' will be published with EDWARD ELGAR PUBLISHING in September 2015.  His book chapter on Google and China was quoted by the Advocate General of the CJEU.  His blog, IP Dragon, "gathering, commenting on and sharing information about IP in China to make it more transparent since 2005", is widely read.

Introduction to the Course:
Course Outline:

This course will provide an insight into transnational trademark law.  The trademark law in Hong Kong will be used as a reference point: to clarify the differences and similarities between the Hong Kong, EU and US systems.

The course will illustrate transnational trademark law in the process via the ongoing legal battles between the US and Czech beer breweries in many jurisdictions all over the world.  Rationales of trademark law, trademark categories and new challenges for the trademark are building blocks to comprehend the cases that will be used.  The case law, including that of the CJEU, makes clear that beside trademark law, EU regulations about Geographical Indications, the Lisbon Agreement to Protect Appellations of Origin, contract law and bilateral agreements are all relevant factors to the matter.

Contents:

  • Rationales of Trademark Law
    1. By the end of this course the participants will know the rationales of trademark law, the essential function of trademark against confusion or a likelihood of confusion: source of origin, quality and product distinctiveness and their derivatives; the doctrines of sponsorship and affiliation confusion, initial-interest confusion, post sale confusion and reverse confusion will be all explained.
    2. Beside the "essential" function, the participants will also learn about the communication, advertisement and investment functions, and the measures against trademark dilution or a likelihood of trademark dilution, which can be crucial for the trademark proprietor.  There are two branches of the trademark dilution doctrine, which will be illustrated by relevant case law: trademark dilution by blurring and trademark dilution by tarnishment.

  • Characteristics of Trademarks
    1. Trademarks will be discussed in regard to different categories, each having very different characteristics: registered/unregistered, inherently distinctive/acquired distinctiveness, well-known/famous/reputable, collective/certification, appellation of origin/geographical indication.

  • New Challenges for the Trademark
    1. First the history of trademark infringement and trademark dilution will be highlighted in order to better understand the present situation.  This course will then elaborate on the challenges of two fundaments of trademark law; territoriality principle in regard to globalisation and the internet, and the specialty principle and the problems related to the Nice Classification. Alternative systems will also be reviewed.

  • Relevant Treaty Law for Geographical Indications
    1. The course will explicate how collective/certification trademarks, Paris Convention, TRIPS and Lisbon Agreements are relevant for the protection of Geographical Indications, the similarities and differences in the different jurisdictions will be discussed.  The participants will understand the relation and conflict between a normal trademark and a Geographical Indication.

  • European Intellectual Property Law
    1. This course includes a primer on EU IP law; the participants will understand the difference between regulations and directives, and how the National Courts of the EU, the European Court of Justice/Court of Justice of the European Union and the Advocate General of the CJEU and their relationships.

  • The Budweiser Cases
    1. After comprehending the aforementioned building blocks of the course, the participants will fully appreciate and comprehend the rich case law on the manifold Budweiser legal conflicts which will be reviewed.  By the end of this course, the participants will have an up-to-date knowledge of the ECJ/CJEU decisions and even an ECHR (human rights) judgment in regard to the Budweiser cases.

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