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Cover Cases & Materials on International Law

3. The Law of Treaties  

Treaties are an important source of international law that are used with increasing frequency to codify, crystallise and develop international law. They are particularly useful when States need to change or reorganise their obligations under international law rapidly, sometimes to reflect the changed reality of international society. This chapter begins with the definition of a treaty. It then discusses the Vienna Convention on the Law of Treaties 1969; formation and application of treaties; reservations to treaties; interpretation of treaties; invalidity of treaties; and termination of treaties.

Chapter

Cover European Intellectual Property Law

15. Infringement and Revocation of the Trade Mark  

Justine Pila and Paul L.C. Torremans

This chapter considers EU law on trade mark infringement. The basic criteria for an infringement action are established by Article 5 of the Trade Mark Directive and Article 9 of the Trade Mark Regulation. If a mark is already on the register, it is an infringement to use the same mark for the same goods or services. If either, or both, of the two marks and the product in question are similar rather than identical, there will be an infringement if the later use of the earlier mark is likely to cause confusion to the public. Finally, unauthorized use of an identical or a similar mark, even on totally different goods, will also be an infringement if the repute of the original mark would be harmed by such a use. The remainder of the chapter deals with the three main paragraphs on infringement, Articles 5(1)(a), (b) and (2) in the Directive and Article 9(1)(a), (b) and (c) of the Regulation respectively, each of which deal with a different form of trade mark infringement. This is followed by discussions of exceptions to infringement and the revocation and invalidity of trade marks.

Chapter

Cover Intellectual Property Law

27. Grounds for Invalidity: Novelty, Individual Character, and Relative Grounds  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter explores the criteria that are applied to determine the validity of a design, whether a registered design in the UK or an unregistered design: the design must be ‘new’; the design must have ‘individual character’; the applicant or the right holder must be entitled to the protected design; and the design must not conflict with earlier relevant rights (including earlier design applications, copyright, trade mark rights, and rights relating to certain types of emblem). The factors to take into account to determine the novelty of a design, such as prior art, are also considered. The chapter concludes by looking at relative grounds for design invalidity.

Chapter

Cover Cases & Materials on International Law

3. The Law of Treaties  

Treaties are an important source of international law that are used with increasing frequency to codify, crystallise and develop international law. They are particularly useful when States need to change or reorganise their obligations under international law rapidly, sometimes to reflect the changed reality of international society. This chapter begins with the definition of a treaty. It then discusses the Vienna Convention on the Law of Treaties 1969; formation and application of treaties; reservations to treaties; interpretation of treaties; invalidity of treaties; termination of treaties; and withdrawal from treaties.

Chapter

Cover Brownlie's Principles of Public International Law

16. The law of treaties  

This chapter discusses the definition and functions of treaties. It deals with the conclusion of treaties; reservations; observance, application, and interpretation of treaties; amendment and modification of treaties; and invalidity, termination, and suspension of treaties.