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The Modern Law of Trade Marks

The Modern Law of Trade Marks

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Description
By the time that the fourth edition of The Modern Law of Trade Marks was published in December 2012, there had been indications that consideration was being given to making some changes to the Community Trade Mark Regulation and the EU Harmonisation Directive. In February 2011, the Max Planck's 'Study of the overall functioning of the Community Trade Mark System' had been published. In the meantime there has continued to been a steady stream of relevant decisions, many of which merit mention in a new edition. These decisions include those of our own courts, including the revitalised Patents County Court, now called the Intellectual Property Enterprise Court ('IPEC'), and from the Court of Justice of the European Union and the General Court, resulting from references by national courts and appeals from OHIM. In addition, the registry, and Appointed Persons on appeals have, as before, delivered a number of decisions, a few of which are reported and do decide important questions of principle. It is good news that registry decisions will continue to be made available on Bailii.
Early in 2013 there emerged detailed proposals from the Commission for a 'recast' Harmonisation Directive to replace Directive (2008/95/EC), and an amending Regulation, making detailed changes to the CTM Regulation (EC 207/2009), Over the next two years these proposals were discussed in considerable detail, in the Council and the European Parliament. In June 2015 'compromise' versions were published, and the new Directive and Regulation were finally adopted, and published in the Official Journal just in time for Christmas 2015. They are Directive (EU) 2015/2436 (referred to in this book as 'the recast Directive'), and Regulation (EU) 2015/2424 (referred to in this book as 'the Amending Regulation'). The recast Directive entered into force on 12 January 2016, but a three-year period, to 14 January 2019, is allowed for implementation of most of its provisions
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Contents
Part I General Introduction
Part II Registered Marks
Part III Passing off and Miscellaneous
Part IV Special Topics
Part V Civil Proceedings
Part VI Customs and Criminal Offences
Part VII International Treaties
Part VII The European Union Trade Mark
Appendicies
Table of Statutes

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