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INTRODUCTION

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter sets the limits for the study by defining the purpose, scope, jurisdictional advantages for the plaintiff (jurisdiction strategies) and limits. Keywords: purpose; scope; jurisdiction strategies; limits

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EXTENDED TABLE OF CONTENTS

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

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OVERVIEW

Law and Practice

Jeffrey Belson

Certification and collective marks are special forms of trademarks that ab initio are for the use of multiple sources, subject to the proprietor’s authorization. These marks engender particular issues of law and policy that are related to but distinct from the law and policy of ordinary (or ‘individual’) trademarks. A certification mark indicates that certain characteristics of the marked goods or services conform to particular standards. Collective marks attest primarily to membership of the individual source of the marked goods or services in a particular association such as a trade association. The ensuing chapters explore the historical development of both these types of marks, the connections between them, pertinent trademark law and practice, certifiers’ and membership associations’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. Key words: certification mark; collective mark; law; policy

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Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina

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Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina

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EXTENDED CONTENTS

Law and Practice

Jeffrey Belson

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Maurice Adams and Corien Prins

The transformative impact of digitalization on society and the state of democracy can scarcely be overestimated. Effects are visible within the national state and across borders, as well as on knowledge production and political participation and social structures. In this introductory chapter, the variety of norms and ideals which are reflected in just as many different conceptions of democracy are singled out with regard to the respective chapters in this volume. Based on this, also some further thoughts on the topic are elaborated upon and a networked approach is advocated.

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Robert P. Merges and Amy L. Landers

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Qian Zhan

A consumer survey, as an instrument used to gather data on the beliefs and attitudes of consumers towards trademarks or products, is considered to have vital influence in trademark litigation. In recent years, courts have come to rely increasingly on the results of surveys conducted by one or both litigants in trademark lawsuits. The practical issue for trademark litigants is determining whether, when and how to develop survey evidence, given the cost, time, and other constraints. To shed light on this specific issue, we undertook a statistical analysis of trademark infringement cases in China. By examining 17 836 cases decided by China's courts over a 16-year period from 2001 through 2016, this article presents an empirical study assessing the statistical relationship between the presentation of survey evidence and case outcomes. The goal of our study is to help trademark litigants to determine the importance and value of presenting consumer surveys in trademark infringement case and make more informed decisions about their litigation strategies.

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Edited by Johanna Gibson