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The Law of Reputation and Brands in the Asia Pacific.

By: Contributor(s): Material type: TextTextSeries: Cambridge intellectual property and information lawPublication details: Cambridge : Cambridge University Press, 2012.Description: 1 online resource (300 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781139084604
  • 1139084607
  • 1280394153
  • 9781280394157
  • 9781139336987
  • 1139336983
  • 1139340301
  • 9781139340304
  • 1139334417
  • 9781139334419
  • 1107230764
  • 9781107230767
  • 1139337858
  • 9781139337854
  • 9786613572073
  • 6613572071
Subject(s): Genre/Form: Additional physical formats: Print version:: Law of Reputation and Brands in the Asia Pacific.DDC classification:
  • 346.04/8 346.048 346.507
LOC classification:
  • K1559 .L39 2012
Online resources:
Contents:
Cover; The Law of Reputation and Brands in the Asia Pacific; Series; Title; Copyright; Contents; Notes on the contributors; Foreword; Editors' preface; Part I: Trade marks and brands; 1: What is the value of a brand to a firm?; I. Overview; II. Brands and reputation, a marketing perspective; III. Brands and reputation, strategic management; Brands and internal strategic alignment; Brands and strategic signalling; Brands and partners' strategies; IV. Brands and reputation: a legal perspective; The function protected by trade mark registration.
TRIPS and the extent of protection granted to registered trade marksExtended protection for well-known trade marks; V. Concluding remarks; 2: The social benefits and costs of trade marks and brands; I. Introduction; II. Law and economics of trade marks and brands; III. Economic evidence on the social value of trade marks and brands; IV. Evidence from contested cases; Case 1: Coca-Cola's claim over 'World Famous in New Zealand'; Case 2: The US-Australian Ugh boots dispute; Case 3: The Cadbury 'purple' debate in Australia; Case 4: McDonald's versus MacTea in Singapore.
Case 5: McDonald's versus 'McCurry' in MalaysiaV. Future research and policy; Key research need -- improving public knowledge about trade mark enforcement; Key policy issue -- identifying and addressing anti-competitive usage of brands; Self help -- actions by firms themselves; Part II: Personal reputation; 3: Legal and cultural approaches to the protection of the contemporary celebrity brand in the Asia Pacific region; I. Introduction; II. Right of publicity, passing off and defamation; (a) Right of publicity; (b) Passing off; (c) Defamation; III. Cultural studies -- deriving key insights.
(A) The celebrity as defined by widespread public identification(b) The celebrity as a cultural sign; (c) Interim observations -- the celebrity brand; IV. The celebrity brand and passing off: a cultural-legal approach; (a) Goodwill and well-knownness of the contemporary celebrity; (b) Misrepresentation and affective transfer; V. Conclusions; 4: No personality rights for pop stars in Hong Kong?; The right of publicity and its American origins; Limited personality rights in Hong Kong; Fertile conditions for developing strong personality rights; Failure to provide strong personality rights.
The future of personality rights in Hong KongConclusion; 5: Fashioning personality rights in Australia; Introduction; Reformist legislation; Common law 'incrementalism'; Part III: Brands and personality; 6: Protection of reputation in the trade mark and copyright laws of Malaysia and Singapore: Divergence and a cultural exploration; I. Introduction; II. Protecting reputation in trade mark law: the dilution debate; (a) Malaysia; (b) Singapore; III. Protecting reputation in copyright law: the moral rights debate; (a) Singapore; (b) Malaysia.
Summary: Considers current pressures to expand legal protection given to reputation and brands in the Asia Pacific region and the associated controversies.
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Cover; The Law of Reputation and Brands in the Asia Pacific; Series; Title; Copyright; Contents; Notes on the contributors; Foreword; Editors' preface; Part I: Trade marks and brands; 1: What is the value of a brand to a firm?; I. Overview; II. Brands and reputation, a marketing perspective; III. Brands and reputation, strategic management; Brands and internal strategic alignment; Brands and strategic signalling; Brands and partners' strategies; IV. Brands and reputation: a legal perspective; The function protected by trade mark registration.

TRIPS and the extent of protection granted to registered trade marksExtended protection for well-known trade marks; V. Concluding remarks; 2: The social benefits and costs of trade marks and brands; I. Introduction; II. Law and economics of trade marks and brands; III. Economic evidence on the social value of trade marks and brands; IV. Evidence from contested cases; Case 1: Coca-Cola's claim over 'World Famous in New Zealand'; Case 2: The US-Australian Ugh boots dispute; Case 3: The Cadbury 'purple' debate in Australia; Case 4: McDonald's versus MacTea in Singapore.

Case 5: McDonald's versus 'McCurry' in MalaysiaV. Future research and policy; Key research need -- improving public knowledge about trade mark enforcement; Key policy issue -- identifying and addressing anti-competitive usage of brands; Self help -- actions by firms themselves; Part II: Personal reputation; 3: Legal and cultural approaches to the protection of the contemporary celebrity brand in the Asia Pacific region; I. Introduction; II. Right of publicity, passing off and defamation; (a) Right of publicity; (b) Passing off; (c) Defamation; III. Cultural studies -- deriving key insights.

(A) The celebrity as defined by widespread public identification(b) The celebrity as a cultural sign; (c) Interim observations -- the celebrity brand; IV. The celebrity brand and passing off: a cultural-legal approach; (a) Goodwill and well-knownness of the contemporary celebrity; (b) Misrepresentation and affective transfer; V. Conclusions; 4: No personality rights for pop stars in Hong Kong?; The right of publicity and its American origins; Limited personality rights in Hong Kong; Fertile conditions for developing strong personality rights; Failure to provide strong personality rights.

The future of personality rights in Hong KongConclusion; 5: Fashioning personality rights in Australia; Introduction; Reformist legislation; Common law 'incrementalism'; Part III: Brands and personality; 6: Protection of reputation in the trade mark and copyright laws of Malaysia and Singapore: Divergence and a cultural exploration; I. Introduction; II. Protecting reputation in trade mark law: the dilution debate; (a) Malaysia; (b) Singapore; III. Protecting reputation in copyright law: the moral rights debate; (a) Singapore; (b) Malaysia.

IV. The perspectives of Islam and Confucianism on dilution and moral rights.

Considers current pressures to expand legal protection given to reputation and brands in the Asia Pacific region and the associated controversies.

Print version record.

Includes bibliographical references and index.

English.

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