DOCSLIB.ORG

Trademark Protection in the Legal System of Afghanistan

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Trademark Protection in the Legal System of Afghanistan Trademark Protection in the Legal System of Afghanistan Inauguraldissertation zur Erlangung des Doktorgrades des Fachbereichs Rechtswissenschaft der Johann Wolfgang Goethe- Universität Frankfurt am Main Vorgelegt von Wali Mohammad Naseh 2018 Acronyms ABCLLCL Afghanistan Business Corporations and Limited Liability Company Law, ABCLLCL Afghanistan Business Corporations and Limited Liability Company Law, ACAR Afghanistan Commercial Arbitration Law ACC Afghanistan Civil Code ACCI Afghanistan Chamber of Commerce and Industries ACDR Afghanistan Center for Dispute Resolution ACML Afghanistan Commercial Mediation Law ACOMC Afghanistan Commercial Code ACPC Afghanistan Commercial Procedure Code ADR Alternative Dispute Resolution AGIL Afghanistan Geographical Indications Law AIBA Afghanistan Independent Bar Association AO Appellation of Origin APIL Afghanistan Private Investment Law ARATML Amendment, Addition and Revocation of Trademark Law ATML Afghanistan Trademark Law ATMRL Afghanistan Trademark Registration Law BA Board of Arbitration BA Board of Arbitration BPL Business Partnership Law BRS Business Registration Section CBR Central Business Registration Office CC Commercial Court ECJ European Court of Justice GA Geneva Act GCL Government Cases Law GIL Geographical Indication Law GIs Geographical Indications GBD Global Brand Database ICSID International Center for Settlement of Investment Disputes i KPCC Kabul Primary Commercial Court LCD Least Developed Country LOITC Law on International Treaties and Conventions LOJB Law on Organization and Jurisdiction of Judiciary Branch LPC Law of Protection of Competition LPOR Law on Procedure of Obtaining Rights MoCI Ministry of Commerce and Industry MoFA Ministry of Foreign Affairs MoJ Ministry of Justice Nice International Classification of Goods and Services OG Official Gazette TMRG Trademark Registration Guideline TRC Trademark Registration Certificate TRIPS Trade Related-Aspects of Intellectual Property Rights UNCITRAL United National Commission for International Trade Law WIPO World Intellectual Property Organization WTO World Trade Organization ii Table of Contents INTRODUCTION ................................................................................................................... 1 CHAPTER ONE STATUS QUO OF TRADEMARK PROTECTION IN THE LEGAL SYSTEM OF AFGHANISTAN 1.1. Introduction ................................................................................................................................. 5 1.2. Overview of the Afghan legal system........................................................................................... 6 1.2.1. Historical development of the legal system of Afghanistan ..................................................... 7 1.2.2. The structure and sources of the legal system of Afghanistan ............................................... 11 1.2.2.1. State or statutory law .......................................................................................................... 11 1.2.2.2. Islamic or Sharia law ............................................................................................................ 12 1.2.2.3. Customary law, Urf .............................................................................................................. 13 1.3. Intellectual property rights from an Islamic point of view ........................................................ 15 1.3.1. Primary sources ....................................................................................................................... 16 1.3.1.1. Quran ................................................................................................................................... 16 1.3.1.2. Sunnah.................................................................................................................................. 16 1.3.2. Secondary sources .................................................................................................................. 17 1.3.2.1. Consensus (Ijma) .................................................................................................................. 17 1.4. Historical development of trademark law in Afghanistan ......................................................... 21 1.5. Legal foundations/sources of trademark law in Afghanistan .................................................... 23 1.5.1. National sources ...................................................................................................................... 23 1.5.1.1. Afghan constitution of 2004 ................................................................................................ 23 1.5.1.2. Statutory laws ...................................................................................................................... 24 1.5.1.3. Court decisions/precedent................................................................................................... 25 1.5.1.4. Commercial customs (Urf) ................................................................................................... 26 1.5.2. International sources .............................................................................................................. 27 1.6. Functions of the CBR office in the registration and protection of trademarks ......................... 28 1.6.1. Historical background of trademark registration.................................................................... 29 1.6.2. Application process ................................................................................................................. 30 1.6.2.1. Identification of products/goods and services .................................................................... 31 iii 1.6.2.2. Illustration and appearance of the requested mark ............................................................ 32 1.6.3. Trademark examination process ............................................................................................. 33 1.6.4. Post-examination procedures ................................................................................................. 35 1.7. Current mechanisms for trademark dispute resolution in Afghanistan .................................... 37 1.7.1. State or formal dispute resolution .......................................................................................... 38 1.7.1.1. Legal sources for formal dispute resolution ........................................................................ 38 1.7.1.1.1 Afghan 2004 constitution ................................................................................................... 38 1.7.1.1.2. Law on the Organization and Jurisdiction of the Judiciary Branch ................................... 39 1.7.2. Official institutions for commercial dispute resolution .......................................................... 39 1.7.2.1. Functions of the Commercial Courts.................................................................................... 40 1.7.2.2. Authority of the Ministry of Commerce and Industry for resolving trademark disputes ... 41 1.7.2.3. Role of the Ministry of Justice in dispute resolution ........................................................... 42 1.7.3. Alternative dispute resolution (ADR) ...................................................................................... 43 1.7.4. Legal sources for commercial dispute resolution ................................................................... 45 1.7. 5. Private institutions for alternative dispute resolution ........................................................... 49 CHAPTER TWO THE INTERNATIONAL LEGAL FRAMEWORK FOR TRADEMARK PROTECTION AND AFGHAN TRADEMARK LAW 2.1. Introduction ............................................................................................................................... 53 2.2. International intellectual property treaties in force, signed and ratified by Afghanistan ......... 54 2.3. The significance of trademarks in the international market...................................................... 57 2.4. Legal protection of trademarks and the principles of territoriality and extraterritoriality ....... 58 2.5. The Paris Convention and Afghan trademark law ..................................................................... 60 2.6. The Madrid Agreement and Protocol for the International Registration of Marks and Afghan trademark law ..................................................................................................................................................... 74 2.6.2. The Madrid Protocol ............................................................................................................... 76 2.6.3. Afghan trademark law and the international trademark registration system ....................... 79 2.7. Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1994 and the ATML 80 iv 2.7.1. TRIPS principles concerning procedures for acquiring trademark protection and Afghan trademark law ........................................................................................................................................................... 81 2.7.2. TRIPS’s principles concerning the substantive protection of trademarks and Afghan trademark law ........................................................................................................................................................... 84 2.8. International agreements for the protection of geographical indications and appellations of origin
Load more

Recommended publications
  • Executive Summary: the Islamic Republic of Afghanistan
    CAC/COSP/IRG/2016/CRP.20 22 June 2016 English only Implementation Review Group Seventh session Vienna, 20-24 June 2016 Item 2 of the provisional agenda* Review of implementation of the United Nations Convention against Corruption Executive summary: The Islamic Republic of Afghanistan Note by the Secretariat The present conference room paper is made available to the Implementation Review Group in accordance with paragraph 36 of the terms of reference of the Mechanism for the Review of Implementation of the United Nations Convention against Corruption (Conference of the States Parties resolution 3/1, annex). The summary contained herein corresponds to a country review conducted in the third year of the first review cycle. __________________ * CAC/COSP/IRG/2016/1. V.16-03822 (E) *1603822* CAC/COSP/IRG/2016/CRP.20 II. Executive summary The Islamic Republic of Afghanistan 1. Introduction: Overview of the legal and institutional framework of Afghanistan in the context of implementation of the United Nations Convention against Corruption The Islamic Republic of Afghanistan signed the Convention on 20 February 2004 and ratified it on 25 August 2008. The legal system of Afghanistan is civil law based with a notable role of sharia law. According to article 3 of the Constitution of Afghanistan no law can contrive the principles of sharia. The Convention is placed high in the hierarchy of the sources of law in Afghanistan. International law conventions are ranked as the third source of law below the Constitution and sharia law. During the review process Afghanistan reported that many identified challenges related to the implementation of chapter III and chapter IV of the Convention were being addressed in newly developed draft legislation, as referenced in the country report, which was positively noted by the reviewing experts.
    [Show full text]
  • “Dead Copies” Under the Japanese Unfair Competition Prevention Act: the New Moral Right
    Saint Louis University Law Journal Volume 51 Number 1 Fall 2006 Article 5 2006 “Dead Copies” Under the Japanese Unfair Competition Prevention Act: The New Moral Right Kenneth L. Port William Mitchell College of Law, [email protected] Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Kenneth L. Port, “Dead Copies” Under the Japanese Unfair Competition Prevention Act: The New Moral Right, 51 St. Louis U. L.J. (2006). Available at: https://scholarship.law.slu.edu/lj/vol51/iss1/5 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW “DEAD COPIES” UNDER THE JAPANESE UNFAIR COMPETITION PREVENTION ACT: THE NEW MORAL RIGHT KENNETH L. PORT* INTRODUCTION In 1993, the Japanese legislature, or Diet, amended the Unfair Competition Prevention Act (UCPA) to prevent the slavish copying (moho) of another’s product configuration (shohinno keitai) regardless of registration, regardless of notice of any kind, regardless of whether the configuration was distinctive in 1 any way, and regardless of whether any consumer was confused or deceived. * Professor of Law and Director of Intellectual Property Studies, William Mitchell College of Law. J.D., University of Wisconsin. I am deeply indebted to Laurie Sheen (WMCL ‘07) and Toshiya Kaneko (University of Tokyo) for their assistance with this article. This article was researched while I was a Foreign Research Fellow at the Tokyo University Business Law Center under the gracious auspices of Professor Nobuhiro Nakayama.
    [Show full text]
  • Overview of Japanese Trademark Law
    Overview of Japanese Trademark Law 2nd Edition Shoen Ono 注: これは、日本語で書かれた『商標法概説［第2版］』（有斐閣、1999）の英訳です。 原著者に翻訳及び公開の許可をいただき公開しております。翻訳については財団法人 知的財産研究所（現在、一般財団法人知的財産研究教育財団 知的財産研究所）が翻訳 事業者に依頼して作成した英訳であり、原著者及び弊所は日本語版と英語版の間に生じ 得る差異について責任を負いません。テキストに対する公式な言及、またその引用を行 う場合には、オリジナルの日本語版に当たり確認してください。 Note: This is the English translation from “Overview of Japanese Trademark Law [2nd ed.]” (Yuhikaku, 1999), written in Japanese. The original author has given permission for translation and publication. The translation was created by a translation company at the request of Institute of Intellectual Property (Currently: Foundation for Intellectual Property, Institute of Intellectual Property). The original author or Foundation for Intellectual Property, Institute of Intellectual Property is not responsible for any discrepancies that may exist between the Japanese and English versions. Readers are recommended to confirm the original Japanese version when formally referencing or citing the text. PART 1. INTRODUCTION CHAPTER 1: INTRODUCTORY STATEMENTS CHAPTER 2: THE HISTORY AND DEVELOPMENT OF TRADEMARK LAW CHAPTER 3: THE CONCEPT OF THE TRADEMARK LAW CHAPTER 4: SYSTEMATIC POSITION OF THE TRADEMARK LAW PART 1. INTRODUCTION CHAPTER 1. INTRODUCTORY STATEMENTS Significance of Trademark Protection Trademarks play a vital role in day to day choices made by the consuming public. Consider the effect of trademarks on those who purchase goods and receive services, consumers. Consumers rely on trademarks, for example, to more easily facilitate repeat purchases of goods or services based on a previous pleasurable experience or a manufacturer’s reputation for quality. Trademarks enable consumers to make repeated purchases without extensive research. A critical trait of a strong mark is that it uniquely serves to identify source. Marks that are similar not only inadequately designate true origin, but can actually suggest the wrong origin, encouraging confusion and misleading consumers.
    [Show full text]
  • Well-Known Trademark Protection
    WIPO SIX MONTH STUDY - CUM - RESEARCH FELLOWSHIP Well -Known Trademark Protection Reference to the Japanese experience Final Report In Fulfillment of the Long Term Fellowship Sponsored By: World Intellectual Property Organization (WIPO) in Collaboration with the Japan Patent Office April 2 - Septembe r 30, 2010 Submitted By: Hà Th Nguy t Thu National Office of Intellectual Property of Vietnam (NOIP) 384 -386 Nguyen Trai, Thanh Xuan, Ha Noi, Vietnam Supervised By: Prof. Kenichi MOROOKA National Graduate Institute for Policy Studies (GRIPS) 7-22 -1 Roppongi, Minato -ku, Tokyo 1 06 -8677, JAPAN This report is a mandatory requirement of this fellowship; views and findings are those of the author and do not necessarily reflect the views and policy considerations of his organization or sponsor of this study. 1 WIPO SIX MONTH STUDY - CUM - RESEARCH FELLOWSHIP Page INTRODUCTION INTRODUCTION 1 1. Overview of research theme 1 2. Some misunderstanding definitions: famous 2 trademark, well -known trademark, widely - known trademark, trademark with high reputation 3. The function of trademarks and protection 6 trademark CHAPTER 1 INTERNATIONAL FRAMWORK OF 10 WELL -KNOWN TRADEMARKS PROTECTION 1.1 . Paris Convention 10 1.2 . TRIPs Agreement 12 1.3 . WIPO Joint Recommendations concerning 14 provisions on Protection of Well -known Marks CHAPTER 2 WELL -KNOWN TRADEMARKS 15 PROTECTION UNDER JAPANESE LAW 2.1. Protection o f well -known trademark under the 15 Trademark Law (JTL) 2.1.1. Prohibition of Registration of a mark identical or 15 similar to well -known/famous trademark of others 2.1.2. Expansion of Protection of well -known 30 trademarks 2.2.
    [Show full text]
  • Myanmar Study on Cooperation for the Establishing of Intellectual Property Office
    Myanmar Ministry of Science and Technology Myanmar Study on Cooperation for the Establishing of Intellectual Property Office Final Report March 2014 Japan International Cooperation Agency Kyoto Comparative Law Center Oh-Ebashi LPC & Partners IL JR 14-039 Contents Map of Myanmar Abstract Chapter I: Introduction 1.1 Background ···················································································· 1 1.2 Framework of the Survey ·································································· 1 1.3 Survey Target ·················································································· 4 1.4 Activities and Schedule ······································································ 4 1.5 Survey Method ·············································································· 5 1.6 Survey Itinerary ············································································· 7 Chapter II: Current Status of Intellectual Property Law System 2.1 Current Status of Intellectual Property Law System ····································· 11 2.1.1 Overview of Intellectual Property Law System ····································· 11 2.1.2 Trademark Law ·········································································· 11 2.1.3 Patent Law ················································································ 16 2.1.4 Industrial Design Law ·································································· 17 2.1.5 Copyright Law ··········································································· 18
    [Show full text]
  • Japan Patent & Trademark Update
    TMI Associates Issue7 (July 2017) Japan Patent & The reason for this misconception could be that some in the below graph, in 70% of patent infringement lawsuits First, as shown in the below graph, the number of patent In sum, the decrease in the total number of patent applications by 2007; however, the Defendant continued using the articles discuss statistics regarding Japanese patent the judges did not make any decisions on the validity of the applications filed from the other IP5 countries does not show seems to have mostly come from the change in patent filing trademark “Eemax”. The Plaintiff sued the Defendant for Unfair Trademark Update lawsuits based only on those cases which have reached a patents. Further, in 43% of patent infringement lawsuits, such a decrease. Rather, the number of patent applications filed policy, i.e., shifting the focus from quantity to quality Competition asserting that the Defendant’s use of “Eemax” was judgment. The information on settled cases, as shown in even though the plaintiffs made invalidation arguments, the by U.S. entities has actually been increasing since 2013. of patents, and not as a result of any decrease in the impermissible given that it is a well-known trademark of the the above graph, was not announced before, and such judges still did not make any decisions with respect to validity. importance of obtaining patent protection in Japan. Plaintiff, even if the Plaintiff had not registered the mark. In success rate could previously only be examined based on In other words, it is inappropriate to derive any significant Number of patent applications filed by foreign entities response, the Defendant filed a counterclaim asserting that the cases in which judgments were rendered.
    [Show full text]
  • Separation of Powers Under the Afghan Constitution: a Case Study
    Afghanistan Research and Evaluation Unit 2015 Separation of Powers under the Afghan Constitution: A Case Study Farid Hamidi and Aruni Jayakody March 2015 Separation of Powers under the Afghan Constitution: A Case Study A Afghanistan Research and Evaluation Unit Case Study Separation of Powers under the Afghan Constitution: A Case Study Farid Hamidi and Aruni Jayakody March 2015 Funding for this research was provided by the United States Institute of Peace and the Embassy of Finland. 2015 Afghanistan Research and Evaluation Unit Cover photo: Members of Parliament voting during a Parliamentary session. Cover photo by Gulbudin Elham. Editors: Tom Shaw and Kelsey Jensen. AREU Publication Code: 1507E © 2015 Afghanistan Research and Evaluation Unit. The opinions expressed in this publication are those of the authors and do not necessarily reflect those of AREU. Some rights are reserved. This publication may be reproduced, stored in a retrieval system or transmitted only for non- commercial purposes and with written credit to AREU and the authors. Where this publication is reproduced, stored or transmitted electronically, a link to AREU’s website (www.areu.org.af) should be provided. Any use of this publication falling outside of these permissions requires prior written permission of the publisher, the Afghanistan Research and Evaluation Unit. Permission can be sought by emailing [email protected] or by calling +93 (0) 799 608 548. ii AREU Afghanistan Research and Evaluation Unit 2015 About the Authors Farid Hamidi is the Deputy Chair and Commissioner of the Afghanistan Independent Human Rights Commission. He was the Chairman of the Presidential Advisory Board for Senior Government Appointments, a Commissioner of the Independent Electoral Complaints Commission and a Commissioner of the Independent Commission for Convening of the Emergency Loya Jirga.
    [Show full text]
  • Role of Patent Attorney 2009.Pdf
    CONTENTS Page I. Patent·······················································································································································1 1. General Views ·································································································································1 2. The Role of a Patent Attorney ·······································································································3 3. The Dialogue with Applicants·······································································································4 (1) Approach by Applicants··········································································································4 (2) Conflict of Interest ···················································································································5 (3) Responsibilities of Patent Attorneys······················································································8 4. Search ···············································································································································9 5. Preparation and Filing of Patent Applications·············································································9 (1) Documents Required···············································································································9 (2) The Task of a Patent Attorney ······························································································11 (3) Order
    [Show full text]
  • Symposium on Afghanistan and the Rule of Law February 2-6, 2003 Washington, DC
    UNITED STATES INSTITUTE OF PEACE . An independent institution established by Congress to strengthen the nation’s capacity to promote peaceful resolution to international conflicts Symposium on Afghanistan and the Rule of Law February 2-6, 2003 Washington, DC CONCLUSIONS AND RECOMMENDATIONS Under the auspices of the United States Institute of Peace, a broad cross-section of Afghan legal officials and experts met in Washington from February 2-6, 2003 to explore options to rebuild and reform Afghanistan’s system of justice. Participants included representatives of Afghanistan’s Supreme Court, Ministry of Justice, Ministry of Interior, Office of the Public Prosecutor, Judicial Reform Commission, Human Rights Commission, Constitutional Drafting Committee, and the University of Kabul Law Faculty and Sharia Law Faculty. International experts from nine countries provided comparative national perspectives on approaches to criminal justice and the development of an independent and fair system of justice. Following four days of open dialogue, the participants at the symposium adopted by consensus the following conclusions and recommendations: Afghanistan possesses an extensive body of law and a rich legal tradition. The challenge facing the country today is not the absence of law, but its reform and implementation. International standards on human rights need to be integrated into the law and practice of all aspects of the Afghan justice system. Disarmament and demobilization are prerequisites to building respect for the rule of law in Afghanistan. The proposals that follow must apply not only to the capital but to all parts of the country. In order to extend the rule of law to all parts of country in shortest possible time, ISAF forces should be expanded both territorially and in the functions they perform to all parts of the country.
    [Show full text]
  • Foreign Language Trademarks in Japan: the Linguistic Challenge
    University of Miami International and Comparative Law Review Volume 1 Issue 1 THE UNIVERSITY OF MIAMI YEARBOOK Article 13 OF INTERNATIONAL LAW VOLUME 1 1-1-1991 Foreign Language Trademarks in Japan: The Linguistic Challenge Rosalynn Frank Follow this and additional works at: https://repository.law.miami.edu/umiclr Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Rosalynn Frank, Foreign Language Trademarks in Japan: The Linguistic Challenge, 1 U. Miami Int’l & Comp. L. Rev. 206 (1991) Available at: https://repository.law.miami.edu/umiclr/vol1/iss1/13 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami International and Comparative Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. FOREIGN LANGUAGE TRADEMARKS IN JAPAN: THE LINGUISTIC CHALLENGE ROSALYNN FRANK* SUMMARY I. INTRODUCTION II. THE JAPANESE LANGUAGE III. JAPANESE TRADEMARK LAW A. THE BASICS B. LINGUISTIC SIMILARITY IV. USE OF A TRADEMARK V. EXAMPLE ANALYSIS VI. CAUTIONS VII. CONCLUSION I. INTRODUCTION As international commerce increases, foreign businesses need to become familiar with the different laws under which they will deal and be held accountable.' The protection of intellectual property rights is one of the most important issues arising in the context of international transactions, particularly in the Japanese market, which is prone to copying and imitation.2 In essence, trademarks are significant because they identify the origin of goods.
    [Show full text]
  • Afghanistan Criminal Law, Customary Justice and Informal Dispute Resolution
    European Asylum Support Office Afghanistan Criminal law, customary justice and informal dispute resolution Country of Origin Information Report July 2020 SUPPORT IS OUR MISSION European Asylum Support Office Afghanistan Criminal law, customary justice and informal dispute resolution Country of Origin Information Report July 2020 More information on the European Union is available on the Internet (http://europa.eu). ISBN: 978-92-9485-649-4 doi: 10.2847/41077 © European Asylum Support Office (EASO) 2020 Reproduction is authorised, provided the source is acknowledged, unless otherwise stated. For third-party materials reproduced in this publication, reference is made to the copyrights statements of the respective third parties. Cover photo: © ResoluteSupportMedia/22nd Mobile Public Affairs Detachment Photo by Pfc. David Hauk, 13 January 2010 url CC BY 2.0 The Afghan National Army held a shura, a meeting with the local leaders, after the two-day mission was complete. The leaders discussed what the ANA can do to ensure the local people’s safety and projects that will make their living conditions better. 4 — EASO COUNTRY OF ORIGIN INFORMATION REPORT - AFGHANISTAN: CRIMINAL LAW, CUSTOMARY JUSTICE, DISPUTE RESOLUTION Acknowledgements This report was drafted by the European Asylum Support Office Country of Origin Information (COI) Sector. The following national asylum and migration department contributed by reviewing this report: The Netherlands, Office for Country Information and Language Analysis, Ministry of Justice It must be noted that the review carried out by the mentioned department contributes to the overall quality of the report, but it does not necessarily imply its formal endorsement of the final report, which is the full responsibility of EASO.
    [Show full text]
  • Coca-Cola, Trade Dress Rights in Japan
    ____________________________________________________________________________________________ Portfolio Media, Inc. | 648 Broadway, Suite 200 | New York, NY 10012 | www.law360.com Phone: +1 212 537 6331 | Fax: +1 212 537 6371 | [email protected] ________________________________________________________________________ Coca-Cola, Trade Dress Rights In Japan Wednesday, Jun 04, 2008 --- On May 29, 2008, the Intellectual Property High Court of Japan issued a decision recognizing the Coca-Cola Bottle as a three-dimensional trademark (rittai shohyo) under the Trademark Act. The relatively new appeals court, which only came into existence three years ago, reversed an administrative decision By the Japanese Patent Office (JPO) rejecting a trademark application By Coca-Cola. As a result the “contour Bottle,” as the iconic cola Bottle is officially designated By Coca-Cola, Became the first instance in which trade dress has Been recognized as Being registraBle under Japanese trademark law. This decision is potentially significant for a variety of reasons, as discussed Below. Japanese Law On Trade Dress: Evolving Toward Greater Recognition The recognition of rights in a product’s trade dress (shohin keitai) is a relatively recent development in Japanese law. Since 1993, trade dress has Been specifically protectiBle pursuant to the provisions of the Unfair Competition Prevention Act (UCPA), which provide monetary and injunctive relief against parties that engage in the copying, taking or misuse of the “configuration”– i.e., the size,
    [Show full text]