知识产权法

章节摘录

版权页：插图：After the autumn of 1915 the plaintiff totally changed its methods, andthereafter no tablets reached the consumer without its own. But it issignificant that even then it used the word "Aspirin" as though it was ageneral term, although it is true that there was ample notice upon the bottlesand boxes that "Aspirin" meant its manufacture. The most striking part ofthe label read, "Bayer——Tablets of Aspirin." While this did not show anyabandonment of the name, which there has never been, k did show howthe plaintiff itself recognized the meaning which the word had acquired,because the phrase most properly means that these tablets were Bayer' smake of the drug known as "Aspirin." It presupposes that the personsreached were using the word to denote a kind of product. Were it not so,why the addition of "Bayer," and especiaUy why the significant word "of'？Disregarding this, however, it was too late in the autumn of 1915 toreclaim the word which had already passed into the public domain. If theconsuming public had once learned to know "Aspirin" as the accepted namefor the drug, perhaps it is true that an extended course of education mighthave added to it some proprietary meaning, but it would be very difficult toprove that it had been done in 17 months, and in any case the plaintiff doesnot try to prove it. The issue in this aspect, indeed, becomes whetherduring that period the word had obtained a secondary meaning, and I donot understand that any such thing is claimed.

书籍目录

第1章 绪论第2章 专利保护标准及内容第3章 专利保护及创造性第4章 专利申请及专利权第5章 专利权利要求的解释第6章 商标基础知识(1)第7章 商标基础知识(2)第8章 商标注册的审查第9章 商标侵权的判定标准之一：“可能造成混淆”第10章 商标的审查及核驳答辩第11章 其他不正当竞争行为第12章 商标淡化第13章 商业秘密第14章 “公开受益权”及其他商业标识第15章 版权：专用权第16章 版权侵权及合理使用第17章 知识产权与反垄断法

编辑推荐

《知识产权法(案例)专业英语》：21世纪专业英语系列丛书

作者简介

《知识产权法(案例)专业英语》共17章，主要包括专利、商标、版权等知识产权法涉及的相关内容，可作为高等院校法学、对外贸易等专业教材，也可供知识产权工作者参考。

为适应经济、科技的快速发展，通过原汁原味的英文介绍国外典型知识产权案例，作者在北京外国语大学法学院等高校讲授“知识产权法概论”的基础上编写了《知识产权法(案例)专业英语》。

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