Trademarks play an important role in conveying reliable information to consumers about the quality of goods and the manufacturer’s reputation. Counterfeiting can destroy these important benefits. Despite difficulty in quantifying its scope and effects, many studies recognise the global prevalence of counterfeiting. Its invasion across product categories harms legitimate producers, economies and society. While there are many contributing factors to its proliferation, the only real area where a government can make a difference is in setting up a responsive legal system that includes good enforcement against counterfeiting. This study aims to address that need by examining comparatively how the relevant intellectual property laws can be used as effective enforcement mechanisms in Malaysia and the UK. The importance and, effectiveness of and key obstacles in judicial proceedings and border measures in both countries are examined and analyzed, using a combination of comparative, doctrinal and socio-legal research. The data used derives from relevant legislation, case law, legal literature and public domain statistics. These sources are supplemented and corroborated by interviews with key figures (official, judicial, practitioner) in Malaysia and Europe. This study draws the following conclusions: (1) Civil proceedings in both countries are comprehensive but the responsible authorities need to review litigation costs to ensure the effectiveness of civil remedies. Malaysia should explicitly provide for remedies in its Trade Marks Act 1976. (2) In criminal actions, forfeiture of assets obtained through counterfeiting activities could be the most effective form of punishment and deterrence, coupled with the use of officers experienced in handling prosecutions. (3) Compared to judicial proceedings, border measures could be the most effective mechanisms in preventing the proliferation of counterfeit goods, but close co-operation and effective communication between rights-holders and customs authorities are crucial in this regard.

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In this thesis concerning the protection of well-known trade marks against confusion in the European Community Trade Mark (CTM) and Japanese trademark systems, the author critically considers the difficulties in comprehensively defining ‘well-known trade mark’ in the relevant international trade mark instruments. After critical analysis of various definitions of both ‘trade mark’ and ‘well-known trade mark’, she undertakes a comparison of the definitions of the parallel concepts of ‘trade mark of repute’ and ‘syuchi-syohyo’, and also undertakes an assessment as to the extent to which these trade marks are protected against confusion and kondo in the CTM and Japanese systems, respectively. It is concluded that the protection of well- known trade marks against confusion in the CTM and Japan cannot be said to be completely clear, and the author identifies some areas for legal reform

After briefly examining the history of trade marks and establishing the theoretical framework of trade mark functions, an analysis from the perspective of semiotics is conducted, viewing the trade mark as a sign. This analysis serves as a tool for the suggestions and conclusions drawn in relation to the role of trade mark law today. The issues of trade mark registration, use and protection are examined, as main facets of the trade mark functions. An analysis of the legal provisions, legal doctrine and case law on trade mark registration and use in Greece, before and after the entry into force of the First Council Directive on the Harmonisation of trade mark laws in Europe 89/104/EEC is undertaken, so as to denote the effect of the European harmonisation on these issues. The Court of Justice case law is examined, in juxtaposition to the Greek case law on the respective implementing provisions. The similarities and differences are noted and analysed. Throughout, examples from a common law jurisdiction, namely the UK, are taken into account. The issues of risk of confusion and dilution are analytically examined at a national (Greek) and European level. In comparison to the Court of Justice jurisprudence, the national legal framework and case law of Greece on these issues is analysed. Examples from other European jurisdictions are taken into account. The theory of dilution in the context of the European trade mark framework is further analysed against developments in the USA. The controversial doctrine of trade mark dilution, introduced by Fr. I. Schechter, is of primary interest in the course of the thesis and suggestions are made for a new perspective of the theory. The controversial doctrine of Schechter is seen, in view of the above, under a new light.