Thesis (doctoral)--Universität Mainz.

University of Macau / Faculty of Law

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No description available.

Modern trade marks perform multiple functions taken up in a functional matrix. Amongst them the distinguishing function is invariable whilst the other functions are variable. A legal-historical and comparative investigation of the law of trade marks in the United Kingdom, the European Union, the U.S.A. and South Africa reveals that only certain trade mark functions have traditionally been afforded protection under law. This is mainly because of a historical resistance to accepting trade marks as property in the Anglo and American trade mark systems and the primacy of origin theory in the European Community trade mark system. The bedrock of South African trade mark law has been the trade mark law of the United Kingdom. The restrictions brought about by common law property theory have been carried over into the South African law of trade marks. The South African law of property is however derived from the civil law and not the common law. The historical break in continuity of the common law trade mark tradition as a consequence of the interposition of the European Union and the reception of EC trade mark law in the United Kingdom affords the opportunity for a theory of trade mark rights to be established in South Africa which is derived from concepts already present in South African law. The thesis proposes that the legal right to the trade mark in South African law is an independent subjective right of the kind proposed by Joubert. The legal object of this right is the trade mark. The entitlements of use of the holder of the right are the functions which the holder is entitled to have the trade mark perform. A range of values in which the property in a trade mark is to be found are associated with the functions. Unlawful impingement upon any function infringes the trade mark right. This theory provides the Trade Marks Act, 1993 with a needed theoretical base. / Mercantile Law / LL.D.

The present research extends the existing literature in at least three aspects. Firstly, it looks at what makes firms perceive patents as more or less important. Secondly, it examines how patents do (if at all) interact with other appropriability mechanisms. Finally, it looks at how firms act with respect to why, where, what and when to patent. The manufacturing industry is still the major source of patent applications. Thus, a firm-level study in manufacturing was chosen. The adopted methodology consists of i) a series of interviews with decision-makers on patents in six pharmaceuticals firms, using a semi-structured questionnaire, and ii) two postal surveys of firms in UK manufacturing, conducted through structured questionnaires. One survey, also known as the Community Innovation Survey, was undertaken by the UK Office for National Statistics on behalf of the UK Department of Trade industry. Another survey, encompassing particular aspects of patenting activities, was administered by the researcher to firms listed in the UK R&D Scoreboard. Contrary to our suspicions patent numbers may be a good proxy for evaluating the importance of patents as a mechanism of protection, but not necessarily for measuring the level of innovativeness of a firm. Secondly, our findings suggest that some mechanisms of appropriability are more correlated to patents than others but, overall, they lead to the same sort of conclusions. Finally, we found that i) firms seek patents mainly as a protective device against copying; ii) patents tend to be filed early in the innovation process when the prospects may still be uncertain; iii) in general broader patent scope is sought but a narrow scope can also be valuable; and iv) the attractiveness of the market is central when firms decide to pursue cross-border proprietary control of the knowledge they create.

This thesis discusses trade names including their histories, formations, and semantic implications.

University of Macau / Faculty of Law

Thesis (doctoral)--Universiẗat Hamburg, 2004. / Includes bibliographical references (p. 267-284).

Thesis (doctoral)--Universität, Fribourg, 2002. / Includes bibliographical references (p. xix-xxxiv).